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My  08-1 5M 


AN  ACT 

TO  PROVIDE  A  CHARTER 
FOR  THE  CITY  OF  CHICAG6 


Chicago  Charter  Convention 

Convened,  December  12,  1905 


Milton  J.  Fobbman   Chairman 

Alexander  H.  Revbll  Vice-Chairman 

M.  L.  McKlNLET  Secretary 

Hbnrt  Babbett  Chambeblin  —  Asst.  Secretary 
312  Record  Herald  Building- 


Digitized  by  the  Internet  Archive 
in  2015 


https://archive.org/detatls/acttoprovidecharOOchic 


AN  ACT 


TO  PROVIDE  A  CHARTER  FOR  THE 
CITY  OF  CHICAGO 


ARTICLE  L 

Consolidation.  * 
1 — 1.  All  powers  not  abrogated  by  this  charter  which  are  now  vested 
in  the  city,  board  of  education,  township,  park  or  other  local  governments 
and  authorities  having  jurisdiction  confined  to  or  within  the  territory  of 
the  City  of  Chicago,  or  any  part  thereof,  shall  be  consolidated  in .  the 
municipal  government  of  the  City  of  Chicago,  and  for  that  purpose  all 
municipal  corporations  other  than  the  City  of  Chicago,  whose  jurisdiction 
is  confined  as  aforesaid,  and  their  corporate  authorities,  shall  be  dissolved 
and  abrogated  and  shall  be  merged  in  and  united  with  the  City  of  Chicago 
(except  that  towns  or  townships  shall  be  deemed  to  continue  in  existence 
only  in  so  far  as  their  continued  existence  may  be  necessary  to  the  collec- 
tion of  taxes)  ;  and  the  City  of  Chicago  shall  be  the  successor  of  said 
corporations,  with  all  their  property  and  corporate  rights  and  subject  to 
all  their  lawful  debts,  obligations  and  liabilities,  whether  such  rights  or 
liabilities  be  accrued  or  contingent.  No  town  or  park  district  shall  here- 
after be  formed  under  general  laws  now  in  force,  so  as  to  be  located 
entirely  or  partly  within  the  limits  of  the  City  of  Chicago.  Upon  the 
annexation  hereafter  to  the  city  of  Chicago  of  any  territory  containing 
within  its  boundaries  the  whole  of  any  township,  school  or  park  district, 
or  other  municipal  corporation,  or  any  part  of  any  such  corporation,  the 
remaining  portion  of  which  is  already  situated  within  the  territory  of 
the  city,  the  local  government  and  authorities  of  such  township,  school 
or  park  district,  or  other  municipal  corporation  thus  becoming  included 
entirely  within  the  city,  shall,  if  the  majority  of  the  voters  of  such  cor- 

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poration  voting  upon  the  question  consent  to  such  annexation,  be  con- 
solidated in  the  municipal  government  of  the  City  of  Chicago,  and  such 
corporation  and  its  corporate  authorities  shall  thereupon  be  dissolved 
and  abrogated,  subject  in  every  respect  to  the  provisions  of  this  article. 
The  election  commissioners  shall,  if  necessary,  furnish  separate  ballot 
boxes  in  which  the  votes  of  the  voters  residing  within  the  territory  of  any 
such  corporation  may  be  received  in  order  that  they  may  be  separately 
counted  and  returned. 

Nothing  in  this  section  contained  shall  be  construed  to  apply  to 
drainage,  improvement,  or  forest  preserve  districts. 

1 — 2.  The  City  of  Chicago,  as  it  shall  be  organized  under  this 
charter,  shall  be  deemed  to  be  the  same  corporation  and  shall  continue  to 
be  vested  with  the  same  rights  and  property  of  every  description,  and 
to  be  subject  to  the  same  obligations  and  liabilities,  accrued  or  contingent, 
as  the  City  of  Chicago  as  at  present  organized,  and  no  legal  proceeding 
to  which  the  city  is  a  party  shall  be  affected  by  the  change  of  organization, 
and  all  legal  proceedings  instituted  by  or  in  the  name  of  or  against  any 
of  the  corporations  or  corporate  authorities  hereby  abrogated  shall  be 
continued  without  abatement  by  or  against  the  City  of  Chicago,  either  in 
the  name  of  the  City  of  Chicago  or  in  the  name  by  which  they  were 
instituted. 

When  a  different  remedy  is  given  by  this  Act  which  may  properly  be 
made  applicable  to  any  right  existing  at  the  time  this  charter  takes  effect, 
the  same  shall  be  deemed  cumulative  to  the  remedies  before  provided  and 
may  be  used  accordingly. 

1 — ^-  All  legal  acts  lawfully  done  by  or  in  favor  of  any  of  the 
corporations  or  corporate  authorities  hereby  consolidated  shall  be  and 
remain  as  valid  as  though  this  Act  had  not  been  passed.  This  provision 
shall  especially  apply  to  contracts,  grants,  licenses,  warrants,  orders, 
notices,  appointments  and  official  bonds,  but  shall  not  affect  any  existing 
or  contingent  right  to  modify,  revoke  or  rescind  such  acts. 

1 — 4.  All  fines,  penalties  and  forfeitures  incurred  or  imposed  before 
this  charter  takes  effect  for  violation  of  the  ordinances,  by-laws  or  rules 
of  any  of  the  local  authorities  hereby  consolidated,  shall  be  enforced  or 
collected  by  or  under  the  authority  of  the  city. 


1—5.  All  causes  of  action  accrued  before  this  charter  takes  effect 
in  favor  of  or  against  any  of  the  corporations  or  corporate  authorities 
hereby  abrogated  may  be  prosecuted  by  or  against  the  City  of  Chicago. 

1—6.  All  taxes  and  special  assessments  lawfully  levied  before  this 
charter  takes  effect,  by  any  of  the  local  authorities  hereby  consolidated, 
shall  be  collected  as  if  they  had  been  lawfully  levied  by  or  under  the 
authority  of  the  City  of  Chicago. 

1—7.  All  powers  of  taxation  or  assessment  that  may  have  become 
part  of  any  contract  of  indebtedness  incurred  or  entered  into  by  any  of 
the  corporations  hereby  consolidated  with  the  City  of  Chicago  shall  be 
preserved  only  in  so  far  as  their  exercise  may  become  necessary  to  save 
and  protect  the  rights  of  creditors,  and  in  the  event  of  their  so  becoming 
necessary,  shall  be  exercised  by  the  corporate  authorities  of  the  City  of 
Chicago  to  the  same  extent  as  the  corporate  authorities  contracting  such 
indebtedness  would  have  been  bound  to  exercise  the  same. 

1—8.  All  ordinances,  resolutions,  by-laws,  orders  or  rules  in  force 
in  the  City  of  Chicago  or  in  any  portion  thereof  at  the  time  this  charter 
takes  effect  and  not  inconsistent  with  the  provisions  of  this  charter, 
whether  enacted  by  authority  of  the  city  or  by  any  other  authority,  shall 
continue  in  full  force  and  effect  until  repealed  or  amended,  notwithstand- 
ing any  change  of  organization  affected  by  this  charter. 

1—9.  Any  property  or  funds  held  by  any  of  the  corporate  authori- 
ties hereby  dissolved  upon  any  trust  or  subject  to  any  charge,  shall  be 
held  by  said  city  upon  the  same  trust  and  subject  to  the  same  charge. 
The  proceeds  of  taxes  or  assessments  levied  and  of  all  bonds  or  warrants 
issued  and  of  all  license  fees,  rates  or  charges  imposed  before  this  charter 
takes  effect  shall  be  applied  to  the  purposes  for  which  they  were  levied, 
issued  or  imposed. 

1 — 10.  The  present  boards  of  park  commissioners  and  park  boards 
shall  continue  to  perform  their  official  functions  until  the  board  of  park 
commissioners  herein  provided  for  shall  have  been  organized;  and  shall 
thereupon  be  abrogated. 

All  ofifices  of  the  township  governments  hereby  consolidated  shall  be 
abrogated  by  the  adoption  of  this  charter,  except  so  far  as  their  legal 
continuance  may  be  necessary  to  the  collection  of  taxes. 

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1—11.  All  officers  ceasing  to  hold  office  shall  deliver  and  turn  over 
to  the  officers  upon  whom  their  powers  and  duties  devolve  all  papers, 
records  and  property  of  every  kind  in  their  possession  and  custody  by 
virtue  of  their  office,  and  shall  account  to  them  or  to  any  authority  desig- 
nated by  the  city  council  for  all  funds,  credits  or  property  of  any  kind 
with  which  they  are  properly  chargeable. 

1 — 12.  Except  as  herein  expressly  otherwise  provided  the  tenure  of 
office  of  no  officer  and  the  terms  of  employment  of  no  employe  of  the 
present  city  government  or  of  any  of  the  local  governments  or  corporate 
authorities  hereby  consolidated  with  the  City  of  Chicago  shall  be  affected 
by  such  consolidation  or  by  the  abrogation  of  the  authority  under  which 
he  holds  office  or  by  the  taking  effect  of  this  charter,  and  all  the  present 
employes  and  police  officers  of  the  park  boards  shall  be  subject  to  the 
provisions  of  the  civil  service  law  without  original  examination. 

1 —  13.  So  far  as  the  provisions  of  this  charter  are  the  same  in  terms 
or  in  substance  and  effect  as  the  provisions  of  the  laws  which  this  charter 
supersedes  they  shall  be  construed  as  continuations  of  such  provisions 
and  not  as  new  enactments. 

ARTICLE  II— ELECTIONS. 
Chapter  I. — In  General. 

2—  1—1-  The  qualifications  of  voters  at  municipal  elections  shall  be 
determined  by  the  general  laws  of  the  State. 

2—1—2.  Regular  elections  for  municipal  offices  (not  including 
those  for  the  municipal  court)  shall  be  held  on  the  first  Tuesday  of  April. 

2—1—3.  If  there  is  a  failure  to  elect  any  municipal  officer  required 
to  be  elected,  or  if  the  person  elected  fails  to  qualify,  the  office  shall  be 
filled  as  if  the  same  were  vacant. 

2—1 — 4.  Special  elections  for  municipal  offices  or  for  the  submis- 
sion of  propositions  to  the  voters  of  the  city  shall  be  called  only  by  order 
of  the  city  council. 

CHAPTER  11. 
Submission  of  Propositions  to  Popular  Vote. 
2—2—1.    Whenever  this  charter  or  any  other  statute  provides  that 
any  proposition  shall  or  may  be  submitted  to  the  voters  of  the  city,  or  of 

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any  district  of  the  city,  for  approval  or  consent,  and  that  it  shall  not  take 
effect  in  the  city  or  such  district  until  such  approval  or  consent,  or  shall 
contain  any  provision  of  a  like  effect,  the  proposition  shall  be  submitted, 
and  if  approved,  shall  take  effect,  as  herein  provided. 

2 — 2 — 2.  If  the  proposition  is  in  the  form  of  a  statute,  the  Secre- 
tary of  State  shall  transmit  a  copy  of  such  statute  to  the  officer  whose 
duty  it  is  to  give  notice  of  the  election  at  which  the  proposition  is  to  be 
voted  on.  •  -  " 

2 — 2 — 3,  Unless  otherwise  provided  by  the  authority  requiring  or 
authorizing  the  submission,  the  proposition  shall  be  submitted  at  any 
special  or  regular  election  occurring  not  sooner  than  thirty  days  from  and 
after  the  provision  is  enacted. 

2 — 2 — 4.  The  provisions  applicable  to  the  election  of  municipal 
officers  shall  as  far  as  practicable  govern  elections  upon  any  proposition 
submitted  to  popular  vote  except  as  herein  otherwise  provided. 

2 — 2 — 5.  The  notice  of  the  election  at  which  the  proposition  is  to  be 
voted  upon  shall  briefly  indicate  its  substance.  The  title,  if  any,  of  the 
measure  shall  be  sufficient  for  that  purpose.  The  election  commissioners 
shall  keep  copies  of  the  statute  or  ordinance  containing  the  proposition 
to  be  voted  upon  at  their  office  for  free  distribution  or  for  sale  at  cost 
price  as  they  may  determine,  and  one  or  more  copies  thereof  shall  be 
kept  on  election  day  at  each  polling  place  for  public  inspection. 

2 — 2 — 6.  The  proposition  or  propositions  to  be  voted  on  at  any 
election  shall  be  printed  on  a  ballot,  which  shall  be  separate  from  the 
ballot  for  candidates  for  office.  The  proposition,  if  a  statute,  shall  be 
stated  by  its  title  (with  such  caption  as  the  election  commissioners  may 
determine),  and  if  an  ordinance,  in  such  summary  form  as  may  be  desig- 
nated by  the  city  council ;  or  in  case  the  city  council  shall  fail  to  make 
such  designation,  then  in  such  summary  form  as  the  election  commis- 
sioners may  determine. 

Below  the  statement  of  each  proposition  there  shall  be  printed  on 
two  lines : 

'•'FOR  THE  PROPOSED  "  (statue,  ordinance,  proposition,  etc., 

as  the  case  may  be)  and 


"AGAINST  THE  PROPOSED  "  (statute,  ordinance,  proposi- 
tion, etc.,  as  the  case  may  be) 
leaving  at  the  end  of  each  line  a  square  space  marked  off  for  the  insertion 
of  the  voter's  mark,  substantially  as  follows : 


,  Caption  (e.g.)  City  Hall  Bond  Issue. 
Title  


FOR  proposed  measure  

AGAINST  proposed  measure  

2 — 2 — 7.  Whenever  a  proposition  is  submitted  to  the  voters  of  the 
city  or  of  a  district  thereof,  the  result  shall  be  determined  by  the  number 
of  votes  cast  upon  that  proposition,  unless  it  is  expressly  otherwise  pro- 
vided by  the  law  requiring  or  authorizing  such  submission. 

2 — 2 — 8.  If  the  vote  upon  the  proposition  is  in  favor  of  its  adoption, 
the  statute  or  ordinance  shall  take  effect  in  the  city  or  district  for  which  it 
has  been  adopted,  from  the  time  the  result  of  the  election  is  ascertained 
and  declared,  unless  a  later  date  is  fixed  in  such  statute  or  ordinance,  or 
by  the  constitution. 

If  a  proposition  embodied  in  a  statute  or  ordinance  fails  to  be  adopted 
it  shall  not  be  re-submitted  under  the  authority  of  the  same  statute  or 
ordinance  until  after  a  lapse  of  two  years,  and  only  upon  a  petition  of 
fifteen  (15)  per  cent  of  the  legal  voters  of  the  city,  voting  at  the  last 
preceding  election  for  Mayor,  which  shall  be  filed  with  the  city  clerk 
at  least  thirty  days  before  the  election  at  which  the  re-submission  is 
desired. 

2 — 2 — 9.  Wherever  this  charter  shall  require  a  petition  of  voters 
for  the  purpose  of  having  some  measure  submitted  to  popular^vote  or 
for  the  purpose  of  having  the  name  of  any  candidate  for  any  office  placed 
upon  the  official  ballot  to  be  voted  at  any  election,  or  for  any  other  pur- 
pose, the  signatures  to  such  petition  need  not  all  be  appended  to  one 

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paper,  but  on  each  paper  there  shall  be  printed  or  written  a  correct  copy 
of  such  petition.  Each  signer  shall  add  to  his  signature,  which  shall  be 
in  his  own  handwriting,  his  place  of  residence,  giving  the  street  and 
number  of  the  house.  A  signer  unable  to  write  may  make  his  mark, 
which  shall  be  attested  by  an  adult  resident  citizen,  who  shall  place  by  the 
mark,  in  addition  to  his  own  name  and  place  of  residence,  the  name  and 
residence  of  the  signer.  Each  signature  to  the  petition  shall  be  verified 
by  a  statement  (which  may  relate  to  a  number  of  specified  signatures) 
made  by  some  adult  resident  citizen  under  oath  before  some  competent 
official  to  the  effect  that  he  believes  the  signer  to  be  qualified  voter  and 
either  that  he  knows  the  signature  to  be  genuine,  or  that  the  same  was 
made  in  his  presence  and  he  verily  believes  the  same  to  be  genuine.  If 
the  signature  is  by  a  mark,  the  verification  shall  be  by  the  attesting  wit- 
ness. Such  statement  or  statements  shall  be  attached  to  and  filed  with 
the  petition, 

CHAPTER  III.— PRIMARY  ELECTIONS. 

2 — 3 — 1.  The  primary  elections  for  delegates  to  constitute  the 
various  conventions  of  the  different  political  parties  or  organizations  of 
the  city,  or  any  part  thereof,  held  for  the  nomination  of  candidates  for 
public  office  in  the  city,  or  any  part  thereof,  whose  names  are  to  be  printed 
on  the  official  election  ballots  printed  and  distributed  at  public  expense 
in  the  city,  or  any  part  thereof,  shall  hereafter  be  held  under  and  pur- 
suant to  this  act.  A  convention  to  nominate  candidates  for  public  office 
to.be  voted  for  by  the  electors  of  an  entire  city  shall  be  known  as  a  "city 
convention."  A  convention  to  nominate  candidates  for  public  office  to  be 
voted  for  by  the  electors  of  an  entire  ward  shall  be  known  as  a  "ward 
convention." 

Each  nomination  cOnverition  to  nominate  city  offiters  shall  be  held 
within  the  boundaries  of  the  city.  All  ward  conventions  shall  be  held 
within  the  boundaries  of  the  respective  wards.  All  conventions  shall  be 
held  at  the  place  designated  in  the  call.  A  majority  of  the  delegates 
entitled  to  a  seat  in  the  convention  shall  be  necessary  to  constitute  a 
quorum.    Each  political  party  shall  designate  for  each  convention  in  the 


call  or  application  filed  by  such  party  for  a  primary  election  to  be  held 
in  accordance  herewith  the  name  of  a  resident  voter  of  the  city  or  ward 
as  the  case  may  be,  to  call  the  respective  conventions  to  order  and  who 
shall  preside  only  until  the  temporary  chairman  has  been  duly  elected  as 
provided  herein.  The  person  so  designated  may  be  chosen  as  one  of 
the  officers  of  the  convention,  provided  that  said  person  shall  have  all 
the  qualifications  and  shall  be  chosen  as  required  herein.  All  convention 
officers  shall  be  delegates  and  shall  be  chosen  upon  a  roll-call,  such  roll- 
call  to  be  by  wards  for  city  conventions  and  by  primary  districts  for  ward 
conventions  and  announced  by  the  chairman  of  such  ward  or  district 
delegation.  In  case,  however,  the  vote  of  any  ward  or  district  is  chal- 
lenged or  disputed  when  announced,  then  the  roll"  of  delegates  of  such 
ward  or  district  shall  be  called  and  the  persons  receiving  the  votes  of 
a  majority  of  the  delegates  shall  be  declared  elected  the  officers  of  the 
convention.  No  adjournment  or  recess  of  the  convention  shall  be  taken 
before  completing  the  nominations  it  was  called  to  make,  except  upon  a 
yea  and  nay  vote  taken  upon  a  roll-call  as  aforesaid. 

2 — 3 — 2.  Any  political  party  or  organization  which  at  the  last  pre- 
ceding municipal  or  presidential  election  for  Governor  in  this  State  polled 
at  least  five  (5)  per  cent  of  the  entire  votes  cast  in  the  city  for  its  can- 
didate receiving  the  highest  number  of  votes,  shall  be  entitled  under  this 
act  to  hold  one  primary  election  on  any  day  in  the  months  of  January, 
February  or  March  immediately  preceding  any  regular  spring  or  summer 
elections;  which  primary  election  shall  effect  only  the  nominations  for 
the  offices  to  be  filled  at  the  particular  spring  or  summer  elections  next 
and  immediately  following  such  primary  election  day:  Provided,  That 
such  primary  election  day  and  certificates  of  nomination  shall  be  subject 
to  the  provisions  of  section  7  of  an  act  entitled  "An  act  to  provide  for  the 
printing  and  distribution  of  ballots  at  public  expense,  and  for  the  nomina- 
tion of  candidates  for  public  office,  to  regulate  the  manner  of  holding 
elections,  and  to  enforce  the  secrecy  of  the  ballot,"  in  force  July  1,  1891, 
as  amended;  and  such  primary  election  day  shall  be  at  least  six  days 
before  nomination  certificates  are  required  by  law  to  be  filed.  Within 
the  time  limited,  as  aforesaid,  such  political  party  or  organization,  through 
its  central  committee  or  managing  committee,  may  determine  and  name 

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the  day  for  holding  "such  primary  election ;  but  no  two  different  political 
parties  shall  hold  their  primary  elections  on  the  same  day ;  and  the  political 
party  first  applying,  as  hereinafter  set  forth,  shall  have  the  preference  in 
the  choice  of  days,  in  case  two  or  more  different  political  parties  shall  in 
their  application  appoint  the  same  day. 

2 — 3 — 3.  No  political  party  or  organization  shall  be  entitled  under 
this  act  to  hold  a  primary  election  unless  at  least  twenty-five  (25)  days 
before  such  primary  election  day  such  political  party  or  organization  shall 
file  with  the  bq^rd  of  election  commissioners  of  the  city  a  call  or  applica- 
tion in  writing,  which  shall  set  forth: 

First — The  name  of  such  political  party  and  the  address  of  the  head- 
quarters of  the  central  committee  or  managing  committee  of  such  political 
party. 

Second — The  day  on  which  such  primary  election  is  to  be  held. 

Third — The  name,  place  and  time  of  every  convention  for  the  nomina- 
tion of  candidates  for  public  office  for  which  such  primary  election  is 
called. 

Fourth — The  description  of  each  of  the  various  primary  election 
districts,  together  with  the  names  of  the  three  persons  for  judges  of 
election  and  two  persons  for  clerks  of  election  for  each  such  primary 
district,  also  the  designation  of  a  polling  place  for  each  such  primary 
district. 

Fifth — The  number  of  delegates  from  each  such  primary  district  to 
each  convention :  Provided,  That  the  number  of  delegates  from  each  of 
the  different  primary  districts  be  proportioned  equally  to  the  number  of 
voters  of  such  political  party  in  each  district  as  shown  by  the  last  preced- 
ing presidential  election  returns:  And  provided.  That  each  primary 
election  district  shall  be  allowed  to  be  represented  by  at  least  one  delegate 
to  each  convention  in  which  such  primary  district  is  entitled  to  be  rep- 
resented. 

Sixth — The  name  of  some  resident  voter  of  the  city  or  ward  as  the 
case  may  be,  to  call  the  respective  conventions  to  order  and  who  shall 
preside  until  the  temporary  chairman  has  been  duly  elected. 

Provided,  That  all  the  organizations  or  subdivisions  of  any  one 
general  political  party  within  the  city  shall  hold  their  primary  elections, 

11 


such  as  may  then  be  in  order,  for  the  city  or  wards,  together  and  on  one 
and  the  same  day ;  and  each  municipal  or  ward  organization  of  the  party 
that  neglects  to  join  shall  forfeit  the  right  to  hold  primaries  for  its  par- 
ticular nominations  then  due. 

2 — 3 — 4.  Such  call  or  application  shall  be  signed  by  the  chairman 
and  attested  by  the  secretary  of  the  central  committee  or  managing  com- 
mittee of  such  political  party  or  organization,  verified  by  oath  that  the 
facts  therein  stated  are  true  and  that  they  are,  respectively,  the  chairman 
and  secretary  of  such  committee.  No  person  and  no  political  party  or 
organization  shall  use  the  name  of  another  political  party  or  organization 
(or  any  designation  similar  to  that  of  another  political  party  or  organiza- 
tion) in  such  manner  as  to  deceive  voters. 

2 — 3 — 5.  At  least  ten  (10)  days  before  the  primary  election  day 
designated  as  aforesaid  by  such  political  party,  it  shall  be  the  duty  of  the 
board  of  election  commissioners,  upon  the  application  of  any  political 
party  entitled  thereto  as  aforesaid,  through  its  central  committee,  or 
managing  committee,  as  aforesaid,  to  give  notice  of  such  primary  election. 
Such  notice  shall  contain  the  name  of  the  political  party  or  organization  ' 
for  which  such  primary  election  is  to  be  held,  the  address  of  the  head- 
quarters of'  the  central  committee,  or  managing  committee,  of  such  party, 
the  name,  place  and  time  of  each  convention  according  to  the  call  afore- 
said to  be  held  by  such  party  for  the  nomination  of  candidates  for  public 
office,  the  date  upon  which  such  primary  election  is  to  be  held,  the 
description  of  each  of  the  various  primary  election  districts,  the  location 
of  the  polling  place  for  each  such  district,  and  the  number  of  delegates 
to  be  elected  from  each  primary  district  to  each  convention.  But  no 
failure  or  error  in  such  notice  or  in  the  call  or  application  aforesaid,  shall 
invalidate  any  primary  election  actually  held,  and  any  primary  election 
held  pursuant  to  any  notice  substantially  like  the  above  notice  shall  be 
deemed  to  be  held  under  this  act,  and  all  judges  of  courts  of  record  in  the 
city  shall  take  judicial  notice  of  the  holding  of  such  primary  election 
under  this  act. 

2 — 3 — 6.  For  purposes  of  primary  elections  under  this  act,  in  the 
more  sparsely  settled  territory  a  regular  election  precinct  may  constitute 
a  primary  election  district;  but  in  populous  sections,  in  order  to  save 

12 


expense,  from  two  to  seven,  but  no  more,  entire  contiguous  election  pre- 
cincts of  the  same  ward  in  as  compact  a  form  as  practicable,  may  be  joined 
so  as  to  form  one  primary  election  district,  but  in  such  manner  that  each 
primary  election  district,  consisting  of  two  or  more  regular  election  pre- 
cincts, shall  include  at  least  three  regular  election  judges  and  two  regular 
election  clerks  residing  within  such  primary  district  and  belonging  to 
the  party  establishing  such  primary  district.  In  no  event  shall  any  pri- 
mary district  contain  more  than  eight  hundred  (800)  voters,  to  be  ascer- 
tained by  the  party  vote  of  the  party  holding  said  primary  election  cast 
at  the  last  preceding  presidential  election.  Primary  districts,  when  law- 
fully established,  shall  remain  as  established  for  each  party's  successive 
primaries,  except  as  changes  m^ay  be  necessitated  by  law. 

In  each  such  primary  election  district  there  shall  be  a  primary  polling 
place,  which  shall  be  as  near  the  center  of  population  of  such  district  as 
is  practicable,  and  such  primary  polling  place  shall  be  in  the  most  public, 
orderly  and  convenient  part  of  such  primary  district,  and  within  a  room 
permitting  easy  ingress  and  egress  to  voters,  and  no  building  shall  be 
designated  or  used  as  such  polling  place  in  which  spirituous  or  intoxicat- 
ing liquor  is  sold,  or  which  is  within  one  hundred  (100)  feet  of  any 
place  where  such  liquor  is  sold.  The  central  committee  or  managing 
committee  of  any  political  party  or  organization  entitled  to  hold  such 
primary  elections  under  this  act  shall  establish  such  primary  election 
districts  and  designate  such  polling  places  according  to  this  act,  not  less 
than  twenty-five  (25)  days  before  such  primary  election  day. 

2 — 3 — 7.  Not  less  than  ten  days  before  such  primary  election  day, 
the  board  of  election  commissioners,  by  the  general  election  law  author- 
ized to  appoint  judges  and  clerks  for  general  elections,  is,  and  are  hereby, 
empowered  to  appoint,  and  shall,  for  such  primary  election  district,  ap- 
point and  swear  in  from  the  list  of  duly  appointed  and  regular  election 
judges  and  clerks,  and  otherwise  as  herein  provided,  three  judges  and 
two  clerks,  who  are  members  of  such  political  party,  to  serve,  respectively, 
as  judges  and  clerks  at  such  primary  election:  Provided,  hozuever, 
That  such  political  party  or  organization,  through  its  central  or  manag- 
ing committee,  shall  have  the  right,  not  less  than  twenty-five  (25)  days 
before  such  primary  election  day,  to  designate  and  name  for  appoint- 

13 


mcnt  for  service  at  such  primary  election  such  certain  of  the  regularly 
listed  judges  and  clerks  as  were  originally  recommended  and  named  or 
endorsed  for  appointment  as  regular  election  judges  and  clerks  by  such 
political  party;  and  in  case  there  are  not  a  sufficient  number  of  listed 
regular  judges  and  clerks  so  originally  recommended  and  named  or  in- 
dorsed by  such  political  party  to  equip  all  primary  polling  places  of  such 
party,  then  such  political  party  or  organization  may,  not  less  than  twenty- 
five  (25)  days  before  such  primary  election  day,  through  its  central  or 
managing  committee,  recommend  to  such  appointing  power  a  sufficient 
number  of  qualified  persons  for  appointment  to  serve  as  primary  election 
judges  and  clerks  to  equip  all  the  primary  polling  places  of  such  party ; 
and  such  board  having  such  appointing  power,  to  whom  or  to  which  such 
names  are  designated  by  such  political  party  as  aforesaid,  shall,  not  less 
than  ten  days  before  such  primary  election  day,  select  from  the  names  so 
recommended,  and  shall  notify,  appoint  and  swear  in  such  persons,  if 
qualified  to  act  as  judges  and  clerks  at  such  primary  election;  and  such 
persons  so  appointed  shall  serve  as  judges  and  clerks,  respectively,  at 
siich  primary  election.  Except  when  only  one  or  two  regular  election 
precincts  form  a  primary  election  district,  no  two  judges  and  no  two 
clerks  shall  serve  at  the  same  primary  polling  place  who  reside  in  the 
same  regular  election  precinct.  In  default  of  such  designation  or  recom- 
mendation of  such  judges  and  clerks  by  such  political  party,  and  in  any 
case  of  vacancy  among  primary  judges  and  clerks,  then  such  board  hav- 
ing the  appointing  power  as  aforesaid  shall  appoint  and  swear  in  from 
the  list  of  duly  appointed  and  regular  election  judges  and  clerks  who  are 
members  of  such  party,  a  sufficient  number  of  judges  and  clerks  to  equip 
all  the  primary  polling  places  of  such  party.  Such  judges  and  clerks 
appointed  under  this  act  shall  take  an  oath  of  office  substantially  as  fol- 
lows, and  shall  subscribe  their  names  to  the  same : 

"I   residing  at  ,  in 

the  city  of  ,  in  the  State  of  Illinois,  do  solemnly  swear 

(or  affirm)  that  I  am  a  legal  voter  and  a  member  of  the  

party  and  a  householder  in  the  ward  of  the  city  of  

•  ,  in  the  State  of  Illinois,  that  I  will  support  the  laws  and  consti- 
tution of  the  United  States  and  of  the  State  of  Illinois,  and  that  I  will 

14 


faithfully  and  honestly  discharge  the  duties  of  primary  election  judge 

(or  clerk)  for  the  primary  election  district  of  the  

ward,  of  the  city  of  ,  in  the  county  of  , 

in  the  State  of  Illinois,  according  to  the  best  of  my  ability. 

Dated  this  day  of  ,  A.  D   ^  ' 


In  due  time  before  such  primary  election  day  such  appointing  board 
shall  notify  every  person  designated  as  aforesaid  and  intended  for  ap- 
pointment as  judge  or  clerk  of  the  fact  of  his  selection ;  and  he  shall,  unless 
excused  by  such  board,  for  good  cause,  be  appointed  as  a  judge  or  clerk, 
respectively,  and  he  shall  then  be  bound  to  serve  as  such  judge  or  clerk 
for  the  ensuing  primary  election.  Such  board  appointing  judges  and 
clerks  as  aforesaid  shall  keep  a  record  of  the  names  of  all  such  persons 
so  notified  to  appear,  and  whether  such  persons  were  rejected  for  want 
of  qualification  or  excused  for  cause ;  in  such  case  the  facts  shall  be  noted. 
In  case  any  person  so  notified  fails  to  appear  before  such  board,  as 
required  in  this  act,  or  if  he  do  appear  and  refuses  to  serve,  or  if  he  shall 
be  sworn  to  serve  and  fail  to  serve  on  the  day  appointed,  he  shall  be  guilty 
of  a  misdemeanor  under  this  act,  unless  good  cause  be  shown  to  excuse 
his  default  for  such  service.  In  case  the  person  intended  for  appointment 
does  not  appear  upon  notification,  then  other  persons  shall  be  notified  by 
said  board  as  aforesaid  until  eligible  persons  are  found  who  will  serve. 
All  persons  subscribing  to  the  oath  as  aforesaid,  and  all  persons  actually 
serving  as  judges  and  clerks  at  any  primary  election,  whether  sworn  in 
or  not,  shall  be  deemed  to  be,  and  are  hereby  declared  to  be,  officers  of 
the  county  court  of  the  respective  county ;  and  such  persons  shall  be  liable 
to  punishment  by  such  court  in  a  proceeding  for  contempt  for  any  misbe- 
havior as  such  judge  or  clerk,  to  be  tried  in  open  court  on  oral  testimony, 
in  a  summary  manner,  without  written  pleadings;  but  such  trial  or 
punishment  for  contempt  of  court  shall  not  be  any  bar  to  any  criminal 
proceedings  against  such  primary  judges  or  clerks  for  any  violation  of 
this  Act. 

^— All  the  laws  of  this  State,  respecting  the  general  elections 
in  this  State,  now  or  hereafter  in  force  in  any  election  precinct  or  dis- 

15 


trict  in  the  city,  except  as  the  same  are  modified  by  the  provisions  of  this 
act,  and  so  far  as  the  same  are  appHcable  to  the  primary  elections  pro- 
vided for  in  this  act,  are  hereby  declared  to  be  in  force  in  each  pri- 
mary election  district  respecting  the  primary  elections  provided  for  in 
this  act. 

Polling  places  in  the  respective  primary  election  districts  shall  be 
named,  appointed,  selected,  provided,  established,  furnished,  warmed, 
lighted,  maintained,  conducted,  and  supervised ; 

And  all  necessary  ballot  boxes,  registry  books,  statements  of  votes, 
tally  sheets,  blanks,  poll  books,  stationery  and  supplies  shall  be  provided, 
furnished,  delivered,  returned  and  used ; 

J       And  notice  of  such  primary  election  shall  be  given  and  posted ; 

And  all  judges  and  clerks  shall  be  paid,  appointed  upon  the  recom- 
mendation of  the  central  committee  or  managing  committee,  as  aforesaid, 
qualified,  notified,  directed,  instructed,  sworn,  and  vacancies  in  their 
number  supplied; 

And  such  primary  elections  in  each  election  district  shall  be  con- 
ducted, supervised,  regulated  and  controlled; 

And  after  being  used  at  any  primary  election,  all  registry  books,  poll 
books,  tally  sheets,  ballots,  statements  of  votes,  returns,  ballot  boxes,  ballot 
box  keys  and  other  election  paraphernalia  shall  be  preserved,  kept,  stored, 
accounted  for 'and  returned; 

And  the  polling  places  and  the  polls  of  such  primary  election  shall 
be  opened  and  closed  respectively ; 

In  the  same  manner  and  by  the  same  board  or  judges  and  clerks,  as 
is  provided  by  law  in  force  in  any  election  precinct  or  district  in  the  city, 
respecting  the  general  elections,  except  as-  such  general  election  laws  are 
modified  by  this  act,  and  except  as  to  the  time  of  appointing  the  re- 
spective polling  places  in  the  various  election  precincts  or  districts, 
which  time  shall  be  at  least  ten  (10)  days  before  each  primary  election 
day. 

The  board  of  election  commissioners,  or  any  or  all  of  them,  by  the 
general  election  law  authorized  to  furnish  or  have  the  custody  of  general 
election  ballot  boxes,  general  registry  books  of  voters,  and  other  election 
paraphernalia,  shall,  in  due  time  before  primary  election  day,  notify  one 
—  16 


or  more  of  the  judges  of  each  election  district  to  appear  before  such 
board  in  due  time  before  primary  day;  and  such  judges  shall  appear 
within  such  time,  and  such  board  shall  deliver  to  such  judge  or  judges 
for  each  primary  election  district  one  ballot  box,  also  one  regular  election 
registry  book  of  voters  for  each  regular  election  precinct  included  in  the 
primary  election  district;  also  sufficient  poll  books,  tally  sheets,  blank 
affidavits,  oaths,  statements  of  votes,  delegates'  certificates  of  election; 
also  all  other  blanks,  papers  and  supplies  necessary  to  carry  out  the  pro- 
visions of  this  act. 

2 — 3 — 9.  The  expenses  of  conducting  such  primary  election  shall 
be  paid  by  the  city  to  which  this  act  shall  apply,  as  hereinafter  provided, 
including  the  salaries  of  judges  and  clerks,  the  cost  of  ballot  boxes,  regis- 
try books,  poll  books,  return  sheets,  stationery,  supplies,  polling  places  and 
such  other  expense  as  are  necessary  and  incidental  to  carry  out  the  pro- 
visions of  this  act. 

The  board  of  election  commissioners  shall  audit  all  the  claims  of 
such  judges  and  clerks  of  such  primary  election:  Provided,  That  all 
expense  incurred  by  said  board  of  election  commissioners  shall  be  paid 
by  such  city.  Such  expenses  are  to  be  audited  by  the  county  judge  and 
shall  be  paid  by  the  city  treasurer  upon  the  warrant  of  such  county  judge 
out  of  any  money  in  the  city  treasury  not  otherwise  appropriated.  It 
shall  be  the  duty  of  the  governing  authority  of  such  city  to  make  pro- 
vision for  the  prompt  payment  of  such  expenses.  At  all  primary  elec- 
tions for  city  officers,  though  other  than  city  officers  may  be  nominated 
at  the  same  time,  and  at  all  primary  elections  in  a  part  of  such  city,  such 
city  shall  pay  such  judges  and  clerks  for  their  services  under  this  act. 
At  all  general,  county  and  State  primary  elections,  though  other  than 
State  and  county  officers  are  to  be  nominated,  and  at  all  primary  elections 
where  other  than  judicial  officers  are  to  be  nominated,  such  county  shall 
pay  such  judges  and  clerks  for  their  services  under  this  Act.  Said  board 
of  election  commissioners  shall  audit  all  the  claims  of  judges  and  clerks 
and  shall  draw  a  warrant  therefor  upon  such  city  or  county  treasury,  as 
the  case  may  be. 

^—^—'^0.    The  judges  and  clerks  of  such  primary  election  shall  be 

17 


allowed  Ihc  sum  of  five  dollars  ($5.00)  each  per  day  for  their  services  in 
attending  such  primary  election. 

2 — 3 — 11.  In  order  to  be  qtiaHfied  to  vote  at  a  party's  primary 
election,  the  person  offering  to  vote  shall  be  a  member  of  the  particular 
party  and  legally  qualified  to  vote  at  the  next  ensuing  regular  election. 
He  shall  be  registered  on  the  regular  election  registry  books  within  the 
primary  district  and  reside  within  the  district  in  which  he  offers  to  vote : 
Provided,  No  person  shall  be  deemed  to  be  a  member  of  a  particular 
party  if  he  has  signed  any  petition  for  the  nomination  of  any  person  with 
reference  to  the  nominations  for  the  next  ensuing  regular  elections,  or 
if  he  has  voted  at  the  primary  election  of  another  party  within  the  period 
of  one  year  next  preceding:  Provided,  Any  legal  voter  of  a  precinct 
shall  be  entitled  to  vote  in  case  he  shall  file  with  the  judges  of  the 
primary  election  an  afifidavit,  stating  the  time  when  he  removed  into  such 
precinct  and  the  length  of  his  legal  residence  in  such  precinct,  county 
and  State,  and  that  he  has  removed  into  that  precinct  since  the  last  regis- 
tration of  electors  at  the  last  election,  and  that  he  is  a  legal  voter  of  such 
precinct,  supported  by  an  affidavit  of  a"  registered  voter  and  householder 
of  the  precinct  that  he  knows  such  person,  and  that  his  statements  as  to 
his  time  of  residence,  as  aforesaid,  are  correct,  and  that  such  person  is  a 
legal  voter  in  such  precinct.  But  it  shall  be  the  duty  of  such  judges  of 
the  primary  election  to  examine  him  on  oath  as  to  his  qualifications,  and, 
if  they  are  of  the  opinion  that  he  is  not  a  legal  voter,  or  did  not  remove 
into  such  precinct  since  the  last  general  or  intermediate  registration, 
they  shall  not  accept  his  vote.  The  books  of  registry  shall  be  used  at 
such  primary  elections,  and  no  one  can  vote  unless  upon  such  registry, 
except  under  the  circumstances  and  through  the  method  aforesaid.  All 
affidavits  shall  be  returned  to  the  office  of  the  Board  of  Election  Com- 
missioners by  the  judges  of  the  primary  election  after  every  primary 
election. 

2 — 3 — 12.  None  but  legally  qualified  voters  residing  in  the  primary 
district  to  be  represented  shall  be  eligible  as  delegates  to  any  convention 
of  such  party.  Judges  and  clerks  acting  as  such  at  any  primary  election 
shall  be  ineligible  as  delegates  or  alternates  to  any  such  convention.  -  No 
person  shall  act  as  a  delegate  to  any  such  convention  except  when  elected 

18 


a  delegate,  according  to  this  Act:  Provided,  That  in  the  absence  of  a 
delegate,  then  delegates  of  the  district  present  shall  select  any  qualified 
member  or  members  of  the  party  as  delegates  to  fill  such  vacancies.  If 
no  delegates  from  a  given  district  are  present,  the  vacant  delegation  may 
be  filled  by  the  delegate  or  delegates  present  from  that  ward.  No  dele- 
gate to  any  convention  held  under  the  provisions  of  this  Act  shall  have 
any  power  or  authority  to  name  or  appoint  any  proxy  or  substitute  to  vote 
for  in  his  stead,  and  no  proxy  or  substitute  appointed  by  any  delegate  shall 
be  binding  or  effective  on  any  convention  or  conventions  held  under  the 
provisions  of  this  Act. 

2 — 3 — 13.  At  such  primary  elections  the  manner  of  voting  shall  be 
by  ballot.  The  ballots  shall  all  be  of  uniform  size,  and  ten  and  one-half 
(10>^)  inches  in  length  and  seven  (7)  inches  in  width.  The  ballots  shall 
be  printed  or  written,  or  partly  printed  or  partly  written,  upon  plain 
white  print  paper.  Any  person  or  persons  may,  at  private  expense,  fur- 
nish such  ballots,  and  no  primary  election  ballot  shall  be  furnished  at 
public  expense.  The  name  of  each  delegate  for  whom  the  voter  intends 
to  vote  shall  appear  on  one  ballot,  on  one  and  the  same  side  thereof  in 
plain  letters,  together  with  the  name  of  the  convention  to  which  such 
delegates  are  to  be  elected.  Immediately  preceding  the  list  of  delegates 
to  any  convention  may  appear  the  name  of  the  candidate  or  candidates 
for  whom  such  delegates  are  expected  to  vote  in  such  convention,  or  the 
word  "unpledged"  may  appear,  and  at  the  top  of  the  ballot  may  appear 
the  simple  party  name,  the  primary  district  precincts  comprising  same 
and  the  location  of  the  polling  place.  Unless  ballots  substantially  comply 
with  this  Act,  in  size  and  color,  the  same  shall  be  void  for  all  purposes 
and  shall  not  be  received  or  deposited  or  counted  by  any  person  or  judge 
at  any  primary  election ;  and  all  ballots  not  in  accordance  with  the  pro- 
visions of  this  Act,  but  which  by  any  mistake  may  have  been  deposited 
in  the  ballot  box,  shall  be  void,  and  shall  be  marked  "defective"  on  the 
back  thereof;  but  no  ballot  shall  be  defective  because  the  voter  depositing 
the  same  has  named  upon  it  a  less  number  of  delegates  than  such  voter 
was  entitled  to  vote  for.  If  the  voter  votes  for  more  persons  than  there 
are  delegates  to  be  elected,  to  a  certain  convention,  or  if  for  any  reason 
it  is  impossible  for  the  judges  to  determine  the  voter's  choice,  such  ballot 


19 


or  part  thereof  shall  not  be  counted.  Ballots  not  counted  shall  be  marked 
"defective"  on  the  back  thereof,  and  ballots  to  which  objection  has  been 
made  by  either  of  the  judges  or  challengers  shall  be  marked  "objected 
to"  on  the  back  thereof,  and  a  memorandum,  signed  by  the  judges,  stating 
how  it  was  counted,  shall  be  written  upon  the  back  of  each  ballot  so 
marked,  and  all  "defective,"  or  "objected  to"  shall  be  enclosed  in  an 
envelope  securely  sealed  and  so  marked  and  endorsed  as  to  clearly  indicate 
its  contents.  The  judges  shall  receive  from  any  person  and  permit  to  be 
freely  and  equally  exposed,  in  separate  and  orderly  piles,  within  the  poll- 
ing place,  near  the  ballot  box  and  within  reach  of  voters,  a  sufficient 
supply  of  each  of  the  various  primary  tickets  or  ballots;  and  the  judges 
shall  hand  one  o£  each  of  the  various  tickets  to  each  and  every  person 
qualified  to  vote ;  and  whenever  the  supply  of  any  of  the  various  tickets 
becomes  insufficient,  the  judges  shall  immediately  mention  the  fact  of 
such  insufficiency  to  one  or  more  of  the  candidates  or  persons  interested 
in  said  ticket.  Any  judge  or  clerk,  or  any  other  person,  who  shall  in  any 
manner  conceal  or  remove  or  destroy  any  such  supply  of  tickets,  or  who 
shall  hinder  or  prevent  or  interfere  with  the  free  and  equal  reception,  ex- 
posure, distribution,  use  or  supply  of  such  various  primary  tickets  or 
ballots,  or  who  shall  do  any  electioneering  within  100  feet  of  the  poll- 
ing place  shall,  upon  conviction  thereof,  be  deemed  guilty  of  a  mis- 
demeanor. 

2 — 3 — 14.  The  polls  of  such  primary  election  shall  be  opened  at 
twelve  o'clock  noon,  and  continue  open  until  seven  o'clock  in  the  after- 
noon of  the  same  day,  at  which  time  the  polls  shall  be  closed;  if  any 
judge  or  clerk,  without  lawful  excuse,  shall  be  behind  time  for  fifteen 
(15)  minutes  after  the  time  for  opening  such  polls,  he  shall  be  guilty  of  a 
misdemeanor  under  this  Act  and  punished  accordingly.  No  judge  or 
clerk  shall  absent  himself  to  exceed  five  (5)  minutes  at  any  time  until 
the  ballots  are  all  cast  and  counted  and  returns  made ;  and,  when  absent 
for  any  cause  during  such  time,  said  judge  or  clerk  shall  authorize  some 
one  of  the  same  political  party  with  himself  to  act  for  him  until  his  re- 
turn. If  any  judge  or  clerk  shall  not  be  present  after  the  expiration  of 
fifteen  (15)  minutes  from  the  time  to  open  the  polls,  the  judge  or  judges 
present  shall  fill  the  place  of  such  absent  judge  or  clerk  and  one  of  the 

20 


judges  shall  administer  to  such  substitute  the  oath,  as  required  of  the 
judges  or  clerks  when  originally  appointed,  and  blank  forms  shall  be  pro- 
vided for  such  purpose,  which  oath  shall  be  preserved  and  returned  by 
the  judges  to  the  proper  officer  or  the  board,  and  such  appointee  shall 
be  subject  to  the  same  punishment  and  penalties  as  any  other  judge  or 
clerk.    Whenever  such  regular  judge  or  clerk  shall  be  present  such  sub- 
stitute shall  cease  to  act.    If  all  judges  or  clerks  fail  to  appear  at  the 
proper  time  at  the  polling  place,  or  in  case  no  primary  judges  and  clerks 
have  been  appointed  as  provided  in  this  Act,  then  bystanding  voters  of 
such  primary  district,  to  the  number  of  five  (5)  or  more,  of  such  political 
party  may  elect  legal  voters  of  such  party  to  act  as  judges  or  clerks. 
Such  judges  and  clerks,  elected  as  last  aforesaid  shall  have  full  power 
to  conduct  such  primary  election  in  accordance  with  this  Act.    Any  judge 
or  clerk  who  shall  wilfully  absent  himself  from  the  polls  on  ^  such  pri- 
mary election  day  without  good  cause  shall  be  guilty  of  a  misdemeanor 
under  this  Act;  and  if  any  judge  or  clerk  shall  wilfully  detain  any  regis- 
try book  or  poll  book,  or  other  election  paraphernalia,  and  not  cause  it 
to  be  produced  at  the  polling  place  at  the  opening  of  the  polls,  or  for 
fifteen  (15)  minutes  thereafter,  he  shall  be  guilty  of  a  misdemeanor  under 
this  Act. 

If  for  any  good  cause  a  primary  election  can  not  be  held  at  the 
polling  place  designated  or  appointed  as  aforesaid,  the  judges  of  such 
polling  place  may,  at  the  time  set  for  the  opening  the  polls  of  such  pri- 
mary election,  adjourn  such  election  to  the  most  convenient  polling  place, 
near  by,  which  is  otherwise  suitable  according  to  this  Act;  and  such 
judges  shall  publicly  proclaim  such  change  and  post  a  notice  of  such 
change  on  the  polling  place  originally  appointed. 

2-3—15.  Before  voting  begins  the  ballot  box  shall  be  empty;  and 
It  shall  be  opened  and  shown  to  those  present  to  be  empty;  and  it  shall 
not  be  removed  from  the  public  view  from  the  time  when  it  is  shown  to 
be  empty  until  after  the  close  of  the  polls.  It  shall  be  locked  and  the  key 
delivered  to  one  of  the  judges,  and  it  shall  not  be  again  opened  until  the 
close  of  the  polls.  The  judges  of  election  shall  each  be  held  guilty  of  a 
misdemeanor,  under  this  Act,  if  such  ballot  box  shall  not  by  them  be 
kept  constantly  in  public  view  during  the  progress  of  the  election,  unless 

21 


it  shall  he  shown  l)y  any  ju(l<;e  that  he  protested  against  any  ohstruction 
of  the  view  of  the  hallot  Ijox  and  was  overruled  hy  the  majority  of  the 
judges.  Voters  shall  be  admitted  within  the  polling  place,  and  there  shall 
be  permitted  no  handing  in  of  votes  through  windows,  doors,  or  other 
openings. 

2 — 3 — 16.  Each  of  the  clerks  of  election,  in  the  poll  books  kept  by 
him,  shall  enter  in  the  proper  column  the  name  of  each  person  whose  vote 
is  duly  received  for  deposit  in  the  ballot  box ;  and  in  the  column  under  the 
heading  ''Number"  he  shall  note  the  successive  number  of  each  successive 
voter ;  and  in  the  column  headed  "Residence"  he  shall  note  the  residence 
of  each  such  voter.  Each  page  of  special  book  shall  be  substantially  in 
the  following  form: 

REPUBLICAN  (OR  DEMOCRATIC). 

POLL  BOOK. 

Of  a  primary  election  held  in  the  primary  district 

of  the.  ward,  of  the  city  of  Chicago,  county  of  Cook,  Illinois, 

on  the.  day  of  A.  D.  190  

This  is  to  certify  that  the  within  list  is  a  correct  list  of  (Republican  or 

Democratic)  voters  at  a  primary  election  held  on  the.  day  of 

 A.  D  ,  in  the  primary  district  of  the 

 ward,  in  the  city  of  Chicago,  county  of  Cook,  and  State  of 

Illinois. 

And  that  on  said  primary  election  day   190. . . ., 

the  undersigned  judges  and  clerks  served,  and  are  entitled  to  pay  therefor. 


Judges  of  Election. 


Clerks  of  Election. 
Dated  19.... 


22 


"017  0  T  T^T?  XT  /"* 

1  

2  

3  

4  

5  

6..  

Such  poll  books  shall  otherwise  be  of  the  form,  and  shall  contain  the 
same  certifications,  as  nearly  as  may  be,  as  the  poll  books  used  in  the 
regular  elections,  and  such  poll  books  shall  be  signed  and  attested  in  the 
same  manner  as  poll  books  for  the  purpose  of  general  elections. 

2 — 3 — 17.  One  of  the  judges  of  such  election  shall  receive  the  ballot 
from  the  voter  and  shall  announce  the  residence  and  name  of  such  voter 
in  a  loud  voice ;  such  ballot  shall  be  folded  by  the  voter  in  such  a  manner 
that  the  contents  thereof  cannot  be  seen  without  unfolding  such  ballot. 
If  the  judges  of  election  are  satisfied  that  the  person  offering  to  vote  is  a 
legal  voter,  whose  name  is  registered  on  the  regular  election  registry 
books,  and  are  satisfied  that  he  is  a  member  of  the  political  party  holding 
such  primary  election,  and,  if  no  challenge  is  interposed,  the  judge  re- 
ceiving such  ballot  shall  again  announce  to  the  clerks  of  election  the 
residence  and  name  of  the  person  offering  such  ballot,  and  such  judge 
shall  mark  with  pencil  or  ink  the  initials  of  his  own  name  on  the  back  of 
such  ballot  as  it  is  folded  and  thereupon  such  judge,  after  holding  up  and 
showing  the  ballot  to  be  so  marked,  shall  immediately,  in  the  presence 
of  the  voter  offering  such  ballot,  and  keeping  the  same  in  plain  view  of 
the  judges  and  clerks  of  election  and  of  such  voters  and  challengers  as 
may  be  present,  deposit  into  the  slot  of  the  ballot  box  the  ballot  thus 
received  and  marked,  and  no  other  and  thereupon  the  clerks  of  election 
shall  enter  upon  the  poll  books  in  the  proper  column  the  name  and  proper 
successive  number  of  each  voter  and  his  residence.  The  judges  and 
clerks,  and  each  of  them,  shall  see  to  it  that  each  ballot  is  endorsed,  as 
aforesaid.  If  such  person  shall  be  challenged  as  disqualified,  the  person 
challenging  shall  assign  his  reason  therefor,  and  thereupon  one  of  said 

23 


judges  shall  administer  to  the  person  offering  to  vote  an  oath  to  answer 
all  questions  truthfully,  and  if  he  shall  take  such  oath  he  shall  then  be 
questioned  by  said  judge  or  judges  touching  such  cause  of  challenge, 
and  touching  any  other  cause  of  disqualification,  and  he  may  also  be 
questioned  by  the  person  challenging  him  in  regard  to  his  qualifications 
and  identity  but  if  a  majority  of  the  judges  are  of  the  opinion  that  he  is 
the  person  so  registered  and  a  voter  qualified  to  vote  at  such  party  primary 
election,  his  vote  shall  then  be  received  and  deposited.  But  if  the  vote 
of  a  person  apparently  registered  be  rejected  by  such  judges,  such  person 
may  afterwards  produce  and  deliver  an  affidavit  to  such  judges,  sub- 
scribed and  sworn  to  by  him  before  one  of  said  judges,  in  which  it  shall 
be  stated  how  long  he  has  resided  in  any  precinct  within  such  primary 
district,  and  in  the  county  and  State;  that  he  is  a  male  citizen  of  the 
United  States,  and  is  a  member  of  the  political  party  holding  such  election, 
and  is  a  duly  qualified  voter  at  such  primary  election  in  such  district,  and 
that  he  is  the  identical  person  so  registered  or  so  named.  But  the  affidavit 
aforesaid  shall  be  supported  by  an  affidavit  by  at  least  two  registered 
voters,  who  are  householders  residing  in  such  primary  district,  stating 
their  own  residence  and  that  they  know  such  person  to  be  a  member  of 
the  political  party  holding  such  primary  election,  and  that  such  person 
does  reside  at  the  place  mentioned,  and  has  resided  in  such  primary  dis- 
trict and  in  such  election  precinct,  county  and  State  for  the  length  of  time 
as  stated  by  such  person,  which  affidavit  shall  also  be  subscribed  and 
sworn  to  as  the  affidavit  last  aforesaid.  Whereupon  the  vote  of  such 
person  shall  be  received  and  entered  as  other  votes.  But  the  clerks  hav- 
ing charge  of  such  poll  book  shall  state  in  their  respective  poll  books  the 
facts  in  such  case  and  the  name  of  the  person  challenging  and  the  affi- 
davits so  delivered  to  said  judges  shall  be  preserved  and  returned  to  the 
officer  entitled  to  receive  them.  Any  registered  voter  of  the  party  in  the 
district  may  challenge.  Blank  affidavits  of  the  character  aforesaid  shall 
be  sent  out  to  judges  of  all  the  districts,  and  the  judges  of  election  shall 
furnish  the  same  on  demand  and  administer  the  oath  without  criticism. 
Such  oaths,  if  administered  by  any  other  officer  than  a  judge  of  election, 
shall  not  be  received:    Provided,  that  no  judge,  challenger  or  other  per- 


24 


son  shall  in  bad  faith,  or  for  purpose  of  delay,  challenge  or  question 
registered  voters  of  the  district. 

2—3 — 18.  The  judges  of  election  shall  permit  each  dif¥erent  ticket 
of  delegates  to  be  represented  by  a  challenger,  who  shall  be  a  resident 
of  the  primary  district  chosen  by  a  majority  of  those  named  for  delegates 
on  any  particular  ticket.  Said  challengers  shall  be  protected  in  the  dis- 
charge of  their  duty  by  the  judges  of  election  and  the  police.  Said  chal- 
lengers shall  be  permitted  to  remain  within  the  polling  place  in  such  a 
position  as  will  enable  them  to  see  each  person  as  he  offers  his  vote ;  and 
said  challengers  may  remain  within  the  polling  place  throughout  the  can- 
vass of  the  vote  and  until  the  returns  are  signed. 

The  challengers  shall  be  permitted  to  remain  so  near  that  they  can 
see  the  judges  and  clerks  are  faithfully  performing  their  duties. 

2 — 3 — 19.  The  judges  of  election  shall  admit  one  or  more  police- 
men to  be  present  in  said  polling  place  at  the  time  of  such  canvass.  None 
but  the  officers  of  such  primary  election,  challengers  and  peace  officers 
shall  occupy  such  polling  place  except  for  the  purpose  of  voting. 

2 — 3 — 20.  The  judges  of  election  shall  have  the  power  to  admin- 
ister and  certify  oaths  required  during  the  progress  of  any  primary  elec- 
tion held  under  this  act,  and  they  shall  have  authority  to  keep  the  peace, 
and  to  cause  any  person-  to  be  arrested  for  any  breach  of  the  peace  or 
for  any  breach  of  election  laws,  or  any  interference  with  the  progress 
of  such  election  or  of  the  canvass  of  the  ballots,  and  it  shall  be  the  duty 
of  all  officers  of  the  law  present  to  obey  the  orders  of  such  judgels  of 
election,  and  an  officer  making  an  arrest  by  the  order  of  any  judge  for 
any  violation  of  the  provisions  of  this  act  shall  be  protected  in  making 
such  arrest  the  same  as  if  a  warrant  had  been  issued  to  him  to  make  such 
arrest. 

2 — 3 — 21.  Immediately  upon  the  closing  of  the  polls  the  judges  and 
clerks  shall  proceed  to  canvass  the  votes  polled.  If  two  or  more  ballots 
are  found  folded  together  and  within  each  other,  so  as  to  appear  to  have 
been  cast  by  the  same  person  as  one  ballot,  and  the  inner  ballot  or  ballots 
are  without  the  proper  initial  mark,  as  provided  in  this  act,  then  all  such 
ballots  so  folded  together,  including  the  outer  one,  whether  such  outer 
one  is  properly  marked  on  the  back  thereof  as  provided  in  this  act  or 

25 


not,  shall,  as  nearly  as  may  be,  in  the  same  condition  as  found,  be  marked 
"stuffed,"  and  such  ballots  shall  be  void  and  shall  not  be  counted,  and  the 
same  shall  be  placed  in  an  envelope  marked  ''stuffed  ballots"  which 
envelope  shall  be  sealed  and  preserved,  together  with  the  other  ballots. 
If  the  ballots  remaining  shall  be  found  to  exceed  the  number  of  names 
entered  on  the  poll  list,  such  judges  and  clerks  shall  reject  the  ballots,  if 
any  be  found  upon  which  the  proper  initial  marks  do  not  appear.    If  the 
number  of  ballots  still  exceeds  the  number  of  names  entered  on  such  poll 
list,  the  ballots  remaining  shall  be  replaced  in  the  ballot  box  and  the  box 
closed  and  well  shaken,  and  again  opened,  and  one  of  the  judges  shall 
publicly  draw  out-and  destroy  so  many  ballots  unopened  as  shall  be  equal 
to  such  excess,  keeping  a  note  of  the  number  of  such  ballots  and  noting 
the  same  on  the  statement  of  returns.    Such  judges  and  clerks  shall  then 
proceed  to  count,  declare  and  record  the  votes  in  the  following  manner : 
The  judges  shall  open  all  the  ballots  and  place  in  separate  piles  those 
which  contain  the  same  names  throughout.    Each  of  the  judges  shall 
examine  such  separate  piles  and  exclude  from  such  piles  any  ballots  which 
do  not  contain  all  the  same  names  for  all  the  same  conventions.    One  of 
said  judges  shall  then  take  one  pile  of  the  ballots  which  contain  the  same 
names  and  count  them  carefully,  examining  each  name  and  convention  on 
each  of  such  ballots.    Such  judge  shall  then  pass  the  ballots  aforesaid  to 
the  judge  sitting  next  to  him,  who  shall  count  them  in  the  same  manner, 
and  he  shall  then  pass  them  to  the  third  judge,  who  shall  also  count  them 
in  the  same  manner.    The  third  judge  shall  then  call  the  name^  of  the 
persons  named  in  such  ballots  and  the  conventions  for  which  they  are 
designated,  together  with  the  number  of  votes  for  each  so  far  as  counted, 
and  the  poll  clerks  shall  tally  the  number  of  votes  for  each  of  such  per- 
sons on  tally  sheets.    When  such  judges  have  counted  through  such  first 
pile  of  ballots  containing  the  same  names,  and  when  the  poll  clerk  shall 
have  tallied  the  votes  for  each  of  the  delegates  named  in  such  ballots  they 
shall  then  take  up  the  next  pile  of  ballots  containing  the  same  names  and 
shall  count  them  in  the  same  manner  as  last  aforesaid.    When  the  count- 
ing of  each  pile  of  ballots  which  contain  the  same  names  shall  be  com- 
pleted the  poll  clerks  shall  compare  their  tallies  together  and  ascertain 
the  total  number  of  ballots  of  that  kind  so  canvassed,  and  when  they 

26 


agree  upon  the  number,  one  of  them  shall  announce  it  in  a  loud  voice  to 
the  judges.  The  judges  shall  then  canvass  the  other  kind  of  ballots, 
which,  in  names  or  conventions,  do  not  correspond  with  one  another. 
They  shall  be  canvassed  separately  by  one  of  the  judges,  sitting  between 
two  other  judges,  which  one  judge  shall  read  to  the  clerks  from  each 
such  ballot  each  name  and  the  convention  for  which  such  name  is  desig- 
nated, and  the  other  judges  looking  at  the  ballot  at  the  same  time,  and 
the  poll  clerks  tallying  the  same.  When  all  these  ballots  have  been  can- 
vassed in  this  manner,  the  clerks  shall  compare  their  tallies  together  and 
ascertain  the  total  number  of  votes  received  by  each  person,  and  when 
they  agree  upon  the  number,  one  of  them  shall  announce  in  a  loud  voice 
to  the  judges  the  number  of  votes  received  by  each  person. 

^~^~22.  Such  canvass  shall  not  be  adjourned  or  postponed  until 
the  several  statements  hereinafter  required  to  be  made  by  the  judges 
and  clerks  have  been  made  and  signed  by  them.  Upon  the  completion 
of  such  canvass,  the  judges  of  election  shall  declare  the  result  thereof, 
and  such  declaration  shall  be  prima  facie  evidence  of  the  result.  The 
judges  of  election  shall  make  two  statements  of  all  the  votes  cast  at  such 
primary  election.  Such  statement  shall  be  substantially  in  the  following 
form : 

REPUBLICAN  (OR  DEMOCRATIC) 

STATEMENT  OF  VOTES. 

STATE  OF  ILLINOIS,  | 
County  of   j 

At  a  primary  election  held  on  the  day  of  

A.  D.  19.  . .  between  the  hours  of  12  o'clock  noon  and  7  o'clock  p.  m.,  at 

 in  the  primary  district  of  the  

ward  of  the  City  of  .Chicago,  County  of  Cook,  and  State  of  Illinois,  the 
following  named  persons  received  the  number  of  votes  annexed  to  their 
respective  names  for  the  following  described  conventions,  to-wit: 


received 
received 
received 


votes  for  city  convention 
votes  for  city  convention 
votes  for  city  convention 


received  votes  for  ward  convention 

received  votes  for  ward  convention 

received  votes  for  ward  convention 


This  is  to  certify  that  the  foregoing  statement,  showing  the  total 
number  of  votes  for  each  of  the  above  mentioned  persons  for  the  con- 
ventions annexed  to  their  respective  names,  is  correct  in  every  respect. 

Given  under  our  hands  this  day  of  

A.  D.  19  


Judges  of  Election. 


(Witnessed  by) 


Clerks  of  Election. 


Such  statements  shall  show  the  whole  number  of  votes  given  for 
each  person,  and  the  convention  for  which  he  is  designated,  and  such 
judge  shall  certify  that  such  statements  are  correct  in  every  respect,  and 
the  clerks  of  election  shall  witness  the  same.  Each  such  statement  and 
each  sheet  of  paper  forming  a  part  of  such  statement  shall  be  subscribed 
by  the  judges  and  election  clerks.  If  any  judge  or  clerk  shall  decline  to 
sign  such  statements,  he  shall  state  his  reasons  therefor  in  writing,  and 
a  copy  thereof,  signed  by  himself,  shall  be  enclosed  with  each  statement. 
One  statement,  after  being  made  out  as  aforesaid,  shall  be  enclosed  in' 
an  envelope,  properly  endorsed  and  each  of  the  judges  shall  write  his 
name  across  every  fold  at  which  the  envelope,  if  unfastened,  could  be 

28 


opened,  and  the  same  shall,  by  one  of  such  judges  be  addressed  and  car- 
ried to  the  office  of  the  chairman  of  the  central  committee  or  managing 
committee  of  such  political  party,  who  filed  the  call  or  application  for 
primaries,  and  the  receipt  of  such  chairman  shall  be  taken  therefor.  The 
other  statement  shall  also  be  enclosed  in  an  envelope,  which  shall  then  be 
securely  sealed,  and  each  of  the  judges  shall  write  his  name  across  every 
fold  at  which  the  envelope,  if  unfastened,  could  be  opened.  On  the  out- 
side of  such  envelope  shall  appear  substantially  the  following  words : 

"Statement  of  all  Republican  (or  Democratic)  votes  cast  at  the  


A.  D.  19...." 

The  envelope  last  aforesaid  shall  be  addressed  to  the  board  of  election 
commissioners,  by  the  general  election  law  charged  with  the  duty  of 
receiving  and  preserving  election  returns  and  one  of  the  judges  shall 
carry  the  same  to  such  board  and  take  a  receipt  for  the  same. 

2 — 3 — 23.  The  judges  of  election  of  each  primary  district  shall 
issue  a  certificate  of  election  to  each  person  who  has  received  a  plurality 
of  all  the  votes  cast  for  delegates  to  any  particular  convention  from  such 
primary  district,  and  they  shall  deliver  the  same  to  the  persons  entitled 
thereto.  In  case  two  or  more  persons  each  receive  the  same  and  the 
highest  number  of  votes  cast  for  delegates  to  the  convention,  then  the 
judges  of  election  shall  then  and  there  decide  by  lot  which  person  or 
persons  shall  be  entitled  to  such  certificates,  and  they  shall  issue  to  each 
such  person  so  chosen  such  certificate,  and  make  a  note  of  such  fact 
upon  the  statements  provided  for  in  this  act.  Such  certificate  of  election 
shall  be  evidence  prima  facie  of  the  right  of  the  person  therein  named  to 
a  seat  in  the  convention  therein  named. 

2 — 3 — 24.  Any  person  who  shall  wilfully,  corruptly  and  falsely 
swear  or  affirm  in  taking  any  oath  or  affirmation  prescribed  by  or  upon 
any  examination  provided  for  in  this  act,  and  every  person  who  shall 
wilfully  and  corruptly  instigate,  advise,  induce  or  procure  any  person  to 
swear  or  affirm  falsely,  as  aforesaid,  or  attempt  or  offer  so  to  do,  shall  be 
guilty  of  perjury  or  subordination  of  perjury,  as  the  case  may  be,  and 


 Primary  District  of  the 

Chicago,  County  of  Cook,  on  the. 


.  .ward  of  the  City  of 
day  of  


29 


shall,  upon  conviction  thereof,  suffer  the  punishment  directed  by  law  in 
cases  of  wilful  and  corrupt  perjury. 

2 — 3 — 25.  If  any  judge  or  clerk  shall  neglect  or  refuse  to  canvass 
the  votes  at  the  time  and  in  the  manner  provided  for  in  this  act,  or  refuse 
to  make  the  returns  required  in  this  act,  he  shall,  upon  conviction  thereof, 
be  adjudged  guilty  of  a  misdemeanor  under  this  act. 

2 — 3 — 26.  Every  judge  of  election,  clerk  or  other  officer  or  person 
authorized  to  take  part  in  or  perform  any  duty  in  relation  to  any  canvass 
or  official  statement  of  the  votes  cast  at  such  election  in  any  district,  who 
shall  wilfully  make  any  false  canvass  of  such  votes,  or  who  shall  make, 
enter,  write,  sign,  publish  or  deliver  any  false  return  of  such  election,  or 
any  false  statement  of  the  result  of  such  election,  or  any  material  writing 
incidental  to  such  election,  knowing  the  same  to  be  false,  shall,  on  con- 
viction thereof,  be  adjudged  guilty  of  a  felony  under  this  act. 

2 — 3 — 27.  If  any  person  acting  as  judge  at  such  primary  election 
shall  wilfully,  fraudulently  and  without  lawful  excuse  refuse  to  make 
out,  sign  or  deliver  to  the  person  entitled  thereto  any  certificate  of  election 
as  delegate,  provided  for  in  this  act,  or  shall  wilfully  and  fraudulently 
make  out,  sign  and  issue  such  certificate  of  election  to  any  person  not 
entitled  thereto,  or  shall  issue  such  certificate  of  election  to  any  person 
at  any  time  in  advance  of  the  official  count  of  the  votes  at  such  polling 
place,  or  shall  commit  any  other  wilful  or  fraudulent  act  with  reference 
to  such  certificate,  such  person  shall,  upon  conviction  thereof,  be  ad- 
judged guilty  of  a  felony  under  this  act. 

2 — 3 — 8.  If  any  judge  of  election  shall,  without  urgent  necessity, 
absent  himself  from  the  polling  place  during  election,  whereby  less  than 
a  majority  of  all  the  judges  of  such  election  district  shall  be  present 
during  such  hours  of  election  or  canvass  of  ballots ;  or  if  at  any  election 
any  judge  of  election  or  clerk  shall,  knowingly  and  wilfully,  receive 
any  vote,  or  proceed  with  the  canvass  of  ballots,  or  shall  consent  thereto, 
unless  a  majority  of  the  judges  of  election  are  present  and  concur,  such 
judge  or  such  clerk  shall  be  guilty  of  a  misdemeanor  under  this  act. 

2 — 3 — 29.  Any  judge  of  election  who  shall  wilfully  exclude  any  vote 
duly  tendered  and  unchallenged,  knowing  that  the  person  offering  the 
same  is  lawfully  entitled  to  vote  at  such  election,  or  who  shall  wilfully 

30 


receive  a  vote  from  any  person  who  has  been  duly  challenged  in  relation 
to  his  right  to  vote  at  such  election,  without  exacting  from  such  person 
such  oath  or  other  proof  of  qualifications  as  may  be  required  by  law, 
shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a  misdemeanor 
under  this  act. 

2—3 — 30.  If  any  judge  of  election  shall  knowingly  and  wilfully 
cause  or  permit  any  ballot  or  ballots,  or  semblance  thereof,  to  be 
in  the  ballot  box  at  the  opening  of  the  polls  and  before  voting  begins,  or 
shall  knowingly,  wilfully  and  fraudulently  put  or  permit  to  be  put,  any 
ballot,  or  other  paper  having  the  semblance  thereof,  into  any  such  box 
at  any  such  election; 

Or  if  any  person,  other  than  a  judge  of  election,  shall  at  any  such 
election  wilfully  and  fraudulently  put,  or  cause  to  be  put,  any  ballot  or 
ballots,  or  other  paper  having  the  semblance  thereof,  into  any  box  used 
at  such  election  for  the  reception  of  votes; 

Or  if  any  person  shall  at  such  election  fraudulently  change  or  alter 
the  ballot  of  any  elector  or  substitute  one  ballot  for  another ; 

Or  if  any  such  judge  of  election  or  other  officer  or  person  shall 
fraudulently,  during  the  canvass  of  ballots,  in  any  manner  change,  sub- 
stitute or  alter  any  ballot  taken  from  the  ballot  box  then  being  can- 
vassed, or  from  any  baflot  box  which  has  not  been  canvassed ; 

Every  such  judge  or  person  shall,  upon  conviction  thereof,  be  ad- 
judged guilty  of  a  felony  under  this  act. 

^1-  If  any  judge  of  election,  clerk  or  other  officer  of  elec- 
tion, of  whom  any  duty  is  required  in  this  act  or  by  the  general  laws 
of  this  State,  for  the  omission  of  which  duty  no  punishment  is  provided, 
shall  be  guilty  of  any  wilful  neglect  of  such  duty,  or  of  any  corrupt  or 
fraudulent  conduct  or  practice  in  the  execution  of  the  same,  he  shall, 
upon  conviction  thereof,  be  adjudged  guilty  of  a  misdemeanor  under 
this  act. 

Any  person,  or  any  member  of  a  board,  or  any  judge 
of  election,  clerk  or  other  officer,  who  is  guilty  of  stealing,  wilfully  and 
wrongfully  breaking,  destroying,  mutilating,  defacing,  falsifying,  or  un- 
lawfully removing  or  secreting  or  detaining  the  whole  or  any  part  of 
any  ballot  box  or  receptacle  for  ballots,  or  any  record,  registry  of  voters, 

31 


or  copy  thereof,  oath,  return  or  statement  of  votes,  certificate,  poll  list, 
or  of  any  paper  or  document  provided  for  in  this  act ; 

Or  who  shall  fraudulently  make  any  entry,  erasure  or  alteration 
therein  except  as  allowed  and  directed  by  the  provisions  of  this  act, 
or  who  permits  any  other  person  so  to  do,  shall,  upon  conviction  thereof, 
be  adjudged  guilty  of  a  felony  under  this  act. 

Every  person  who  advises,  procures  or  abets  the  commission  of 
any  of  the  acts  mentioned  in  the  last  preceding  two  paragraphs  shall, 
upon  conviction  thereof,  be  adjudged  guilty  of  a  felony  under  this  act. 

2—3 — 33.  If  any  person  knowingly  or  wilfully  shall  obstruct, 
hinder  or  assault,  or  by  bribery,  solicitation  or  otherwise  interfere  with 
any  judge  of  election,  clerk  or  challenger,  in  the  performance  of  any 
duty  required  of  him,  or  which  he  may  be  by  law  authorized  or  permitted 
to  perform; 

Or  if  any  person,  by  any  of  the  means  before  mentioned  or  other- 
wise, unlawfully  shall,  on  the  day  of  election,  hinder  or  prevent  any 
judge  of  primary  election,  clerk  or  challenger  in  his  free  attendance 
and  presence  at  the  place  of  election  in  the  primary  election  district  in 
and  for  which  he  is  appointed  or  designated  to  serve ; 

Or  in  his  full  and  free  access  and  egress  to  and  from  any  such 
place  of  election; 

Or,  shall  molest,  interfere  with,  remove  or  eject  from  any  such 
place  of  election  any  such  judge  of  election,  clerk  or  challenger,  except 
as  otherwise  provided  in  this  act,  or  shall  unlawfully  threaten,  or  attempt 
or  offer  so  to  do. 

Every  such  person  shall  be  guilty  of  a  misdemeanor  under  this  act. 

2—3—34.  If  any  person  shall  wilfully  disobey  any  lawful  com- 
mand of  any  judge  of  election,  given  in  the  execution  of  his  duty  as 
such,  at  any  such  primary  election,  he  shall,  upon  conviction  thereof,  be 
adjudged  guilty  of  a  misdemeanor  under  this  act. 

2—3—35.  If,  on  any  day  of  primary  election,  or  during  the  canvass 
of  the  votes  cast  thereat,  any  person  shall  cause  any  breach  of  the  peace, 
or  be  guilty  of  any  disorderly  violence,  or  threats  of  violence,  whereby 
any  such  election  or  canvass  shall  be  impeded  or  hindered  or  whereby 
the  lawful  proceedings  of  any  judge  of  election,  or  clerk,  or  other  officer 

32 


of  such  election,  or  challenger,  are  interfered  with,  or  causes  intoxi- 
cating liquors  to  be  brought  or  sent  to  the  polling  place,  every  such 
person  shall,  upon  conviction  thereof,  be  guilty  of  a  misdemeanor  under 
this  act. 

2 — 3 — 36.  Any  person  who  votes  with  a  certain  party  at  such 
primary  election,  when  he  knows  he  is  not  qualified  so  to  vote  under 
the  provisions  of  this  act,  shall,  upon  conviction  thereof,  be  deemed 
guilty  of  a  misdemeanor  under  this  act. 

2 — 3 — 37.  If  any  person  who  shall  have  been  convicted  of  bribery, 
felony  or  other  infamous  crime  under  the  laws  of  any  State,  and  who 
has  never  received  a  pardon  for  such  offense  from  the  officer  or  board 
entitled  to  grant  such  pardon,  shall  thereafter  vote,  or  offer  to  vote, 
at  any  pimary  election  in  such  city,  village  or  incorporated  town,  he 
shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a  misdemeanor 
under  this  act. 

2 — 3 — 38.  If  any  person,  knowing  that  he  is  not  qualified  to  vote 
at  such  primary  election,  takes  a  place  in  any  line  of  voters  waiting  to 
vote  at  any  election,  or  if  any  person,  after  having  voted  at  such  election, 
takes  a  place  in  such  waiting  line,  or  if  any  person  repeatedly  takes  a 
place  in  such  waiting  line  without  voting  when  the  opportunity  comes, 
and  who  systematically  gives  up  his  place  in  such  waiting  line,  such 
person  shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a  mis- 
demeanor under  this  act. 

2—3—39.  If,  at  any  such  election,  any  person  shall  falsely  per- 
sonate any  elector  legally  qualified  to  vote  at  such  primary  election,  and 
vote,  or  attempt  or  offer  to  vote,  in  or  upon  the  name  of  such  elector 
or  other  person,  living  or  dead ;  or  shall  knowingly,  wilfully  or  fraudu- 
lently vote,  or  attempt  or  offer  to  vote  more  than  once,  or  vote  in  more 
than  one  primary  district;  or  shall  by  force,  threat,  menace,  intimidation, 
bribery  or  reward,  or  offer  or  promise  thereof,  or  otherwise  unlawfully, 
either  directly  or  indirectly,  influence  or  attempt  to  influence  any  elector 
in  giving  his  vote ; 

Or  shall  unlawfully  prevent  or  hinder,  or  unlawfully  attempt  to 
prevent  or  hinder,  any  qualified  voter  from  freely  exercising  the  right 
of  suffrage; 

33 


Or  shall,  by  any  such  unlawful  means,  compel  or  induce,  or  at- 
tempt to  compel  or  induce,  any  judge  of  election  or  other  officer,  to 
receive  the  vote  of  any  person  not  legally  qualified  or  entitled  to  vote 
at  the  said  election; 

Or  by  any  such  means,  or  other  unlawful  means,  wilfully,  know- 
ingly or  fraudulently  counsel,  advise,  induce,  or  attempt  to  induce,  any 
judge  of  election  or  other  officer  of  election,  whose  duty  it  is  to  ascer- 
tain, proclaim,  announce  or  declare  the  result  of  any  such  election,  to 
give  or  make  any  false  certificate,  document,  report,  return  or  other 
false  evidence  in  relation  thereto,  or  to  refuse  to  comply  with  his  duty, 
as  specifically  provided  for  in  this  act,  or  to  refuse  to  receive  the  vote  of 
any  person  entitled  to  vote  therein; 

Or  shall  aid,  counsel,  advise,  procure  or  assist  any  legally  qualified 
voter,  person  or  judge  of  election,  or  other  officer  of  election,  to  do 
any  act  by  law  forbidden,  or  in  this  act  constituted  an  offense ; 

Every  such  person  shall,  upon  conviction  thereof,  be  adjudged  guilty 
of  a  misdemeanor  under  this  act. 

2—3—40.  If  any  person  shall,  at  any  such  election,  fraudulently 
furnish  any  elector  with  a  ballot  containing  more  than  the  proper  num- 
ber of  names; 

Or  shall  intentionally  practice  any  fraud  upon  any  elector  to  induce 
him  to  deposit  a  ballot  as  his  vote,  and  to  have  the  same  thrown  out 
and  not  counted,  or  to  have  the  same  counted  for  a  person  or  candidate 
other  than  the  person  or  candidate  for  whom  such  elector  intended  to 
vote ;  or  otherwise  defraud  him  of  his  vote ;  or  if  any  person  shall  order 
or  cause  to  be  printed  a  bogus  or  partly  bogus  primary  ticket,  or  a 
primary  ticket  of  delegates  or  alternates  without  first  having  secured 
the  consent  of  each  person  named  on  such  ticket  to  stand  as  delegate 
or  alternate  delegate  for  a  specified  convention  on  that  particular  ticket 
of  names ;  or  if  any  person  causes  to  be  brought  or  sent  to  the  vicinity 
of  a  polling  place  such  unauthorized  tickets  in  order  that  they  may  be 
distributed ; 

Every  such  person  shall,  upon  conviction  thereof,  be  adjudged  guilty 
of  a  misdemeanor  under  this  act. 


34 


2 — 3 — 41.  Any  person  who  shall  make,  seek  or  obtain  for  him- 
self or  another,  a  false  certificate  of  election  as  delegate  or  alternate 
delegate  to  any  convention,  knowing  that  he  or  such  person  is  not 
entitled  thereto,  and  any  person  who  shall  use,  or  attempt  to  use,  such 
certificates  of  election,  knowing  the  same  to  be  false  or  fraudulent,  or 
to  have  been  issued  for  another  person ;  and  any  person  who  shall  fraudu- 
lently, knowingly  and  without  right,  act  as  a  delegate  or  alternate  dele- 
gate to  any  such  convention,  shall,  upon  conviction  thereof,  be  adjudged 
guilty  of  a  felony  under  this  act. 

2 — 3 — 42.  If  any  person  shall  commit  any  act  prohibited  herein, 
or  refrain  from  doing  any  act  or  duty  required  to  be  done  herein,  and  if 
any  person  shall  in  any  manner  be  guilty  of  a  violation  of  this  act, 
whether  the  same  is  denominated  an  offense  or  not,  and  for  which  no 
punishment  is  herein  specifically  provided,  such  person  shall,  upon 
conviction  thereof,  be  adjudged  guilty  of  a  misdemeanor  under  this  act. 

2 — 3 — 43.  Any  person  adjudged  guilty  of  an  offense  denominated 
a  misdemeanor  under  this  act  shall  be  fined  not  less  than  twenty-five 
dollars  ($25)  nor  more  than  one  thousand  dollars  ($1,000),  or  shall 
be  imprisoned  in  the  county  jail  not  less  than  one  month  nor  more 
than  two  years,  or  any  such  person  may  be  punished  by  both  such  fine 
and  imprisonment. 

Any  person  adjudged  guilty  of  an  offense  denominated  a  felony  in 
this  act  shall  be  punished  by  imprisonment  in  the  penitentiary  for  not 
less  than  one  year  nor  more  than  five  years. 

2 — 3 — 44.  The  word  "householder,"  as  used  in  this  act,  shall  mean 
the  chief,  or  head,  of  a  family,  who  resides  with  a  family  as  a  family 
and  who  supports  and  provides  for  such  family  as  an  independent 
family. 

2 — 3 — 45.  In  all  prosecutions  and  in  all  contests  under  this  act 
it  shall  be  the  lawful  duty  of  the  board  of  election  commissioners  or 
other  officers  having  the  custody  thereof  to  produce,  open,  exhibit  and 
offer  in  evidence  any  notice,  ballot  box,  registry  book,  bundle  of  ballots, 
returns,  statements  or  other  documents  or  papers  relating  to  the  par- 
ticular prosecution  or  contest  for  the  purpose  of  enabling  a  full  investi- 
gation. 

35 


2—3 — 46.  Irregularities  or  defects  in  the  mode  of  calling,  noticing, 
convincing,  holding  or  conducting  any  primary  election  authorized  by 
law  shall  constitute  no  defense  to  a  prosecution  for  a  violation  of  this 
act.  When  an  ofYense  shall  be  committed  in  relation  to  any  primary 
election  an  indictment  for  such  offense  shall  be  sufficient,  if  it  allege  that 
such  election  was  authorized  by  law,  without  stating  the  call  or  notice 
of  election  aforesaid,  the  names  of  the  judges  or  clerks  holding  such 
election,  or  the  names  of  the  persons  voted  for  at  such  election.  Judicial 
notice  shall  be  taken  of  this  act  in  any  county,  city,  village  or  incor- 
porated town  to  which  this  act  shall  apply,  and  of  the  holding  of  any 
election  thereunder  on  any  primary  election  day. 

2 —  3 — 47.  It  shall  be  the  duty  of  the  board  of  election  commis- 
sioners to  make  all  necessary  rules,  instructions  and  regulations  not 
inconsistent  with  the  provisions  of  this  act,  with  reference  to  the  conduct 
of  primary  elections  held  in  accordance  with  the  provisions  contained 
herein. 

ARTICLE  III. 
The  Mayor. 

3 —  1.  The  chief  executive  officer  of  the  city  shall  be  the  mayor, 
who  shall  be  a  citizen  of  the  United  States'  and  a  qualified  elector  of 
the  city,  who  shall  have  been  a  resident  of  the  city  for  at  least  five  years 
immediately  preceding  his  election,  and  who  shall  be  elected  for  a 
term  of  four  years. 

The  first  election  for  mayor  after  this  charter  shall  have  taken  effect 
shall  take  place  on  the  first  Tuesday  of  April  in  the  year  1911.  The 
mayor  holding  office  at  the  time  this  charter  shall  take  effect  shall  con- 
tinue to  hold  office  until  his  successor  shall  be  elected  and  have  qualified. 

3 — 2.  The  mayor  shall  receive  such  compensation  as  the  city  coun- 
cil may  by  ordinance  direct,  but  his  compensation  shall  not  be  changed 
during  his  term  of  office. 

3 — 3.  If  the  mayor,  at  any  time  during  the  term  of  his  office,  shall 
cease  to  be  a  resident  of  the  city,  his  office  shall  thereby  become  vacant. 

3 — 4.  Whenever  a  vacancy  shall  happen  in  the  office  of  the  mayor, 
in  case  the  unexpired  portion  of  the  term  shall  be  one  year  or  more 

36 


from  the  date  when  the  vacancy  occurs,  it  shall  be  filled  at  the  next 
election  held  in  and  for  the  entire  city. 

3—5.  If  the  vacancy  is  less  than  one  year  the  city  council  shall 
elect  one  of  its  number  to  act  as  mayor,  who  shall  possess  all  the  rights 
and  powers  of  the  mayor  until  the  next  regular  election  for  mayor,  and 
until  his  successor  is  elected  and  has  qualified. 

3 — 6.  During  the  temporary  absence  or  disability  of  the  mayor, 
the  presiding  officer  of  the  council  shall  temporarily  act  as  mayor. 

The  presiding  officer  of  the  council  shall  also  temporarily  act  as 
mayor  in  a  case  of  a  vacancy  in  the  office  of  the  mayor  until  such 
vacancy  can  be  filled  as  hereinbefore  provided. 

The  person  temporarily  acting  as  mayor  shall  not  exercise  any 
power  of  appointment  to  or  removal  from  office  until  the  absence  or 
disability  of  the  mayor  shall  have  continued  thirty  days,  or  sign,  ap- 
prove or  disapprove  any  ordinance  or  resolution  until  the  day  of  the 
next  regular  meeting  of  the  council,  occurring  not  earlier  than  five  days 
after  the  passage  thereof. 

— 7-  The  mayor  shall  annually  and  from  time  to  time  give  the 
council  information  relative  to  the  affairs  of  the  city  and  shall  recom- 
mend for  their  consideration  such  measures  as  he  may  deem  expedient. 
He  may  introduce  measures  subject  to  the  general  rules  of  procedure  of 
the  council  and  shall  have  a  seat  in  the  council,  but  no  vote. 

^— He  shall  perform  all  such  duties  as  may  be  prescribed  by 
law  or  by  the  city  ordinances. 

He  shall  have  the  power  at  all  times  to  examine  and  inspect 
the  books,  records  and  papers  of  any  agent,  employe  or  officer  of  the  city. 

3—10.  He  shall  have  power  to  administer  oaths  and  affirmations 
upon  all  lawful  occasions. 

3 — 11.  The  mayor  shall  have  power  to  remove  any  officer  ap- 
pointed by  him,  whenever  he  shall  be  of  the  opinion  that  the  interests  of 
the  city  demand  such  removal,  but  he  shall  report  the  reasons  for  such 
removal  to  the  council  at  a  meeting  to  be  held  not  less  than  five  days 
nor  more  than  ten  days  after  such  removal ;  and  if  the  mayor  shall  fail  or 
refuse  to  file  with  the  city  clerk  a  statement  of  the  reasons  for  such 
removal,  or  if  the  council  by  a  two-thirds  vote  of  all  its  members  author- 

37 


izcd  by  law  to  be  elected,  by  yeas  and  nays,  to  be  entered  upon  its  record, 
disapprove  of  such  removal,  such  officer  shall  thereupon  become  restored 
to  the  office  from  which  he  was  so  removed ;  but  he  shall  give  new  bonds 
and  take  a  new  oath  of  office.  No  officer  shall  be  removed  a  second  time 
for  the  same  offense. 

3 — 12.  The  mayor  shall  have  the  power  to  release  any  person  im- 
prisoned for  violation  of  any  ordinance;  he  may,  if  he  sees  fit,  appoint 
a  pardon  board  of  three  persons  consisting  of  the  superintendent  of 
the  house  of  correction  and  such  inspectors  thereof  as  the  mayor  may 
select.  In  case  such  board  be  appointed,  all  petitions  for  release  from 
the  house  of  correction  shall  in  the  first  instance  be  addressed  to  the 
pardon  board  and  shall  be  by  such  board  forwarded  to  the  mayor  with 
the  report  of  its  findings  and  recommendations. 

The  mayor  shall  report  any  release,  with  the  cause  thereof,  to  the 
council  at  its  first  session  thereafter. 

3 — 13.  The  mayor  may  exercise,  within  the  city  limits,  the  powers 
conferred  upon  sheriffs  to  suppress  disorder  and  keep  the  peace.  He 
shall  have  the  power,  when  he  deems  it  necessary,  to  call  on  every 
male  inhabitant  of  the  city  over  the  age  of  eighteen  years  to  aid  in  en- 
forcing laws  and  ordinances,  in  the  same  manner  as  the  sheriff  may  call 
on  the  power  of  the  county,  and  to  call  out  the  militia  to  aid  in  sup- 
pressing riots  and  other  disorderly  conduct  or  carrying  into  effect  any 
law  or  ordinance,  subject  to  the  authorityof  the  governor  as  commander- 
in-chief  of  the  militia. 

ARTICLE  IV. 
The  City  Council. 

4  1.    All  aldermen  holding  office  when  this  act  shall  take  effect 

shall  continue  to  hold  office  until  the  expiration  of  their  respective  terms, 
in  accordance  with  the  laws  now  in  force. 

Aldermen  shall  be  elected  on  the  first  Tuesday  of  April,  1908,  in 
accordance  with  the  laws  now  in  force,  except  that  they  shall  be  elected' 
for  the  term  of  one  year  only. 

From  and  after  the  eighth  day  of  April,  1908,  the  city  shall  be 
divided  into  fifty  wards,  and  one  alderman  shall  be  elected  from  each 

38 


ward  for  a  term  of  four  years,  the  first  election  of  aldermen  from  such 
wards  to  be  held  on  the  first  Tuesday  of  April,  1909. 
4 — 2.    The  fifty  wards  shall  be  as  follows: 

FIRST  WARD. 

All  that  portion  of  the  City  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  center  line  of  the  mouth  of  the  Chicago  River,  thence 
West  and  South  along  the  center  line  of  said  River,  to  the  center  line 
of  Twenty-second  street,  projected,  thence  east  along  the  center  line 
of  Twenty-second  street,  projected,  to  the  Shore  of  Lake  Michigan, 
thence  North  along  the  Shore  of  Lake  Michigan  to  the  center  of  the 
mouth  of  the  Chicago  River,  shall  be  denominated  and  be  the  First  Ward 
(1)  Ward.  , 

SECOND  WARD. 

All  that  portion  of  the  City,  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  intersection  of  the  Shore  of  Lake  Michigan  and  center 
line  of  Twenty-second  street,  projected,  thence  West  along  the  center 
line  of  Twenty-second  street  to  the  center  line  of  South  Clark  street, 
thence  South  along  the  center  line  of  South  Clark  street  to  the  center 
line  of  Twenty-sixth  street,  thence  West  along  the  center  line  of 
Twenty-sixth  street  to  the  center  line  of  Wentworth  avenue,  thence 
South  along  the  center  line  of  Wentworth  avenue  to  the  center  line  of 
Thirty-second  street,  thence  East  along  the  center  line  of  Thirty-second 
street  to  the  center  line  of  Calumet  avenue,  thence  South  along  the  center 
line  of  Calumet  avenue  to  the  center  line  of  Thirty-third  street,  thence 
East  along  the  center  line  of  Thirty-third  street,  projected,  to  the  Shore 
of  Lake  Michigan,  thence  North  along  the  Shore  of  Lake  Michigan  to 
the  place  of  beginning,  shall  be  denominated  and  be  the  Second  (2) 
Ward. 

THIRD  WARD. 

All  that  portion  of  the  City,  of  Chicago  bounded  as  folloivs:  Com- 
mencing at  the  intersection  of  the  Shore  of  Lake  Michigan  and  the 
center  line  of  Thirty-third  street,  projected,  thence  West  along  the  center 
line  of  Thirty-third  street  to  the  center  line  of  Calumet  avenue,  thence 


North  along-  the  center  line  of  Calumet  avenue  to  the  center  line  of 
Thirty-second  street,  thence  West  on  the  center  line  of  Thirty-second 
street  to  the  center  line  of  Clark  street,  thence  south  along  the  center 
line  of  Clark  street  to  the  center  line  of  (Thirty-ninth  street)  the  Town- 
ship line  dividing  the  Township  of  Hyde  Park  and  Town  of  South 
Chicago,  thence  East  along  the  center  line  of  said  Township  line  to 
the  Shore  of  Lake  Michigan,  thence  Northerly  along  the  Shore  of  Lake 
Michigan  to  the  center  line  of  Thirty-third  street,  projected,  shall  be 
denominated  and  be  the  Third  (3)  Ward. 

FOURTH  WARD. 

All  that  portion  of  the  City  of  Chicago  bounded  as  follows:  Be- 
ginning at  the  intersection  of  the  center  line  of  Twenty-second  street, 
projected,  and  the  center  line  of  South  Branch  of  the  Chicago  River, 
thence  Southwest  along  the  center  line  of  the  South  Branch  of  the 
Chicago  River  to  the  center  line  of  South  Halsted  street,  thence  South 
along  the  center  line  of  South  Halsted  street  to  the  center  line  of  Thirty- 
third  street,  thence  East  along  the  center  line  of  Thirty-third  street  to 
the  center  line  of  Wentworth  avenue,  thence  North  along  the  center  line 
of  Wentworth  avenue  to  the  center  line  of  Twenty-sixth  street,  thence 
East  along  the  center  line  of  Twenty-sixth  street  to  the  center  line  of 
Clark  street,  thence  North  along  the  center  line  of  Clark  street  to  the 
center  line  of  Twenty-second  street,  thence  West  along  the  center  line 
of  Twenty-second  street  to  the  place  of  beginning,  shall  be  denominated 
and  be  the  Fourth  (4)  Ward. 

FIFTH  WARD. 

All  that  portion  of  the  City,  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  intersection  of  the  center  line  of  Halsted  street,  pro- 
jected, and  the  center  line  of  the  Chicago  River,  thence  southwesterly 
along  the  center  line  of  the  said  river  and  the  Illinois  and  Michigan 
Canal  to  the  center  line  of  Thirty-ninth  street,  thence  East  along  the 
center  line  of  Thirty-ninth  street  to  the  center  line  of  South  Center 
avenue,  projected,  thence  North  along  the  center  line  of  South  Center 
avenue,  projected,  to  the  center  line  of  Thirty-first  street,  thence  East 

40 


along  the  center  line  of  Thirty-first  street  to  the  center  line  of  Halsted 
street,  thence  North  along  the  center  line  of  Halsted  street,  projected, 
to  the  center  line  of  the  Chicago  River,  shall  be  denominated  and  be  the 
Fifth  (5)  Ward. 

SIXTH  WARD. 

All  that  portion  of  the  City,  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  intersection  of  the  center  line  of  Halsted  street  and 
Thirty-first  street,  thence  West  along  the  center  line  of  Thirty-first 
street  to  the  center  line  of  South  Center  avenue,  thence  South  along 
the  center  line  of  South  Center  avenue  to  the  center  line  of  Thirty-ninth 
street,  thence  East  along  the  center  line  of  Thirty-ninth  street  to  the 
center  line  of  Clark  street,  thence  North  along  the  center  line  of  Clark 
street  to  the  center  line  of  Thirty-second  street,  thence  West  along  the 
center  line  of  Thirty-second  street  to  the  center  line  of  Wentworth 
avenue,  thence  south  along  the  center  line  of  Wentworth  avenue  to  the 
center  line  of  Thirty-third  street,  thence  West  along  the  center  line  of 
Thirty-third  street  to  the  center  line  of  South  Halsted  street,  thence 
North  along  the  center  line  of  South  Halsted  street  to  place  of  beginning, 
shall  be  denominated  and  be  the  Sixth  (6)  Ward. 

SEVENTH  WARD. 

All  that  portion  of  the  City,  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  northeast  corner  of  the  Township  of  Hyde  Park,  thence 
West  along  said  township  line  to  the  center  line  of  South  State  street, 
thence  South  along  said  center  line  of  South  State  street  to  the  center 
line  of  Forty-sixth  street,  thence  East  along  the  center  line  of  Forty- 
sixth  street  to  the  center  line  of  Prairie  avenue,  thence  north  on  the 
center  line  of  Prairie  avenue  to  the  center  line  of  Forty-fourth  street, 
thence  east  on  the  center  line  of  Forty-fourth  street  to  the  center  line 
of  St.  Lawrence  avenue,  thence  North  along  the  center  line  of  St.  Law- 
rence avenue  to  the  center  line  of  Forty-third  street,  thence  east  on  the 
center  line  of  Forty-third  street,  projected,  to  the  shore  of  Lake  Michi- 
gan, thence  Northwesterly  along  the  shore  of  Lake  Michigan  to  the 
place  of  beginning,  shall  be  denominated  and  be  the  Seventh  (7)  Ward. 

41 


EIGHTH  WARD. 

All  that  portion  of  the  City  of  Chicago  hounded  as  follows:  Com- 
mencing at  the  intersection  of  the  Shore  line  of  Lake  Michigan  and  the 
center  line  of  Forty-third  street,  projected,  thence  West  along  the  center 
line  of  Forty-third  street  to  the  center  line  of  St.  Lawrence  avenue,  thence 
South  along  the  center  line  of  St.  Lawrence  avenue  to  the  center  line 
of  Forty-fourth  street,  thence  West  along  the  center  line  of  Forty-fourth 
street  to  the  center  line  of  Prairie  avenue,  thence  South  along  the  center 
line  of  Prairie  avenue  to  the  center  line  of  Forty-sixth  street,  thence 
West  along  the  center  line  of  Forty-sixth  street  to  the  center  line  of 
South  State  street,  thence  south  along  the  center  line  of  South  State 
street  to  the  center  line  of  Fifty-first  street,  thence  East  along  the  center 
line  of  Fifty-first  street  to  the  center  line  of  Cottage  Grove  avenue,  thence 
South  along  the  center  line  of  Cottage  Grove  avenue  to  the  center  line 
of  Fifty-second  street,  thence  East  along  the  center  line  of  Fifty-second 
street,  projected,  to  the  shore  of  Lake  Michigan,  thence  northwesterly 
along  the  shore  of  Lake  Michigan  to  the  place  of  beginning,  shall  he 
denominated  and  he  the  Eighth  (8)  Ward. 

NINTH  WARD. 

All  that  portion  of  the  City,  of  Chicago  hounded  as  follows:  Com- 
mencing at  the  intersection  of  the  Shore  of  Lake  Michigan  and  the 
center  line  of  52d  street,  projected,  thence  West  along  the  center  line 
of  52d  street,  projected,  and  the  center  line  of  52d  street  to  the  center 
line  of  Cottage  Grove  avenue,  thence  North  along  the  center  line  of 
Cottage  Grove  avenue  to  the  center  line  of  51st  street,  thence  West 
along  the  center  line  of  51st  street  to  the  center  line  of  South  State 
street,  thence  south  along  the  center  line  of  South  State  street  to  the 
center  line  of  60th  street,  thence  East  along  the  center  line  of  60th 
street,  projected,  to  the  Shore  of  Lake  Michigan,  thence  Northwesterly 
along  the  Shore  of  Lake  Michigan  to  the  place  of  beginning,  shall  he 
denominated  and  he  the  Ninth  Ward  (9)  Ward. 

TENTH  WARD. 
All  that  portion  of  the  City,  of  Chicago  hounded  as  follows:  Com- 

42 


mencing  at  the  intersection  of  the  Shore  of  Lake  Michigan  and  the 
center  Hne  of  Sixtieth  street,  projected,  thence  West  along  the  center 
line  of  Sixtieth  street,  projected,  to  the  center  line  of  Greenwood  avenue, 
thence  South  along  the  center  line  of  Greenwood  avenue  to  the  center 
line  of  Sixty-third  street,  thence  East  along  the  center  line  of  Sixty- 
third  street  to  the  center  line  of  Greenwood  avenue,  thence  South  along 
the  center  line  of  Greenwood  avenue  to  the  center  line  of  Sixty-fifth 
street,  thence  west  along  the  center  line  of  Sixty-fifth  street  to  center 
line  of  Greenwood  avenue,  thence  South  along  the  center  line  of  Green- 
wood avenue,  projected,  to  the  center  line  of  Seventy-first  street,  thence 
East  along  the  center  line  of  Seventy-first  street  to  the  center  line  of 
Jackson  Park  avenue  (Stony  Island  avenue),  thence  South  along  the 
center  line  of  Jackson  Park  avenue  (Stony  Island  avenue),  to  the  center 
line  of  Eighty-ninth  street,  thence  East  along  the  center  line  of  Eighty- 
ninth  street,  projected,  to  the  Shore  of  Lake  Michigan,  thence  North- 
westerly along  the  Shore  of  Lake  Michigan  to  the  place  of  beginning, 
.^hall  be  denominated  and  be  the  Tenth  (10)  Ward. 

ELEVENTH  WARD. 

All  that  portion  of  the  City,  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  intersection  of  the  Shore  of  Lake  Michigan  and  the 
center  line  of  Eighty-ninth  street,  projected,  thence  West  along  the 
center  line  of  Eighty-ninth  street,  projected,  to  the  center  line  of 
Jackson  Park  avenue  (Stony  Island  avenue),  and  Jackson  Park  avenue 
(Stony  Island  avenue),  projected,  through  Lake  Calumet  to  the  inter- 
section of  the  East  line  of  sections  Twenty-six  and  Thirty-five,  Town- 
ship Thirty-seven,  North  Range  Fourteen,  thence  South  along  said 
section  line  to  the  City  Limits,  thence  East  along  City  Limits  to  the 
Indiana  State  line,  thence  North  along  the  Indiana  State  line  to  the 
Shore  of  Lake  Michigan,  thence  Northwesterly  along  the  Shore  of  Lake 
Michigan  to  the  place  of  beginning,  shall  be  denominated  and  be  the 
Eleventh  (11)  Ward. 

TWELFTH  WARD. 

All  that  portion  of  the  City  of  Chicago  bounded  as  foUozvs:  Com- 

43 


mencing  at  the  intersection  of  the  center  lines  of  Jackson  Park  avenue, 
Stony  Island  avenue  and  Eighty-seventh  street,  thence  West  along  the 
center  line  of  said  Eighty-seventh  street  to  the  center  line  of  South 
State  street,  thence  South  along  the  center  line  of  South  State  street 
to  the  center  line  of  West  Ninety-ninth  street,  thence  West  along  the 
center  line  of  West  Ninety-ninth  street  to  the  center  line  of  Stewart 
avenue,  thence  south  along  the  center  line  of  Stewart  avenue  to  the  cen- 
ter line  of  West  One  Hundred  and  Third  street,  thence  West  along  the 
center  line  of  West  One  Hundred  and  Third  street  to  the  center  line 
of  South  Halsted  street,  thence  South  along  the  center  line  of  South 
Halsted  street  to  the  center  line  of  West  One  Hundred  and  Eleventh 
street,  thence  West  along  the  center  line  of  West  One  Hundred  and 
Eleventh  street  to  the  center  line  of  South  Peoria  street,  thence  South 
along  the  center  line  of  South  Peoria  street  to  the  center  line  of  West 
One  Hundred  and  Fifteenth  street,  thence  West  along  the  center  line  of 
West  One  Hundred  and  Fifteenth  street  to  the  center  line  of  South 
Ashland  avenue,  thence  South  along  the  center  line  of  South  Ashland 
avenue  to  the  center  line  of  West  One  Hundred  and  Twenty-third  street, 
thence  East  along  the  center  line  of  West  One  Hundred  and  Twenty- 
third  street  to  the  center  line  of  South  Halsted  street,  thence  South 
along  the  center  line  of  South  Halsted  street  to  the  city  limits,  thence 
East,  South  and  East  along  the  city  limits  to  the  East  line  of  section 
Thirty-five,  and  Twenty-six,  Township  Thirty-seven,  N.  R.,  fourteen, 
thence  North  along  said  section  Hne,  projected,  through  Lake  Calumet 
to  the  center  line  of  Jackson  Park  avenue,  projected,  thence  North  along 
the  center  line  of  Jackson  park  avenue,  projected,  to  the  place  of  begin- 
ning, shall  be  denominated  and  be  the  Twelfth  (12)  Ward. 

THIRTEENTH  WARD. 

All  that  portion  of  the  City,  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  intersection  of  the  center  lines  of  Greenwood  avenue 
and  Sixtieth  street,  thence  West  along  the  center  line  of  Sixtieth  street 
to  the  center  line  of  South  State  street,  thence  South  along  the  center 
line  of  South  State  Street  to  the  center  line  of  Eighty-seventh  street, 
thence  East  along  the  center  liiie  of  Eighty-seventh  street  to  the  center 

44 


line  of  Jackson  Park  avenue  (Stony  Island  avenue),  thence  north  along 
the  central  line  of  Jackson  Park  avenue  (Stony  Island  avenue)  to  the 
center  line  of  Seventy-first  street,  thence  west  along  the  center  line  of 
Seventy-first  street  to  the  center  line  of  Greenwood  avenue,  projected, 
thence  North  on  the  center  line  of  Greenwood  avenue,  projected,  to 
the  center  line  of  Sixty-fifth  street,  thence  east  along  the  center  line 
of  Sixty-fifth  street  to  the  center  line  of  Greenwood  avenue,  thence 
North  on  the  center  line  of  Greenwood  avenue  to  the  center  line  of 
Sixty-third  street,  thence  West  along  the  center  line  of  Sixty-third 
street  to  the  center  line  of  Greenwood  avenue,  thence  North  along  the 
center  line  of  Greenwood  avenue  to  the  place  of  beginning,  shall  he  de- 
nominated and  he  the  Thirteenth  (13)  Ward. 

FOURTEENTH  WARD. 

All  that  portion  of  the  City  of  Chicago  hounded  as  follows:  Com- 
mencing at  the  intersection  of  the  center  lines  of  Seventy-first  street 
and  South  State  street,  thence  West  along  the  center  line  of  Seventy- 
first  street  to  the  center  line  of  South  Halsted  street,  thence  North  along 
the  center  line  of  South  Halsted  street  to  the  center  line  of  West  Sixty- 
third  street,  thence  West  along  the  center  line  of  West  Sixty-third 
street  to  the  center  line  of  Loomis  street,  thence  South  along  the  center 
fine  of  Loomis  street  to  the  center  line  of  West  Sixty-seventh  street, 
thence  West  along  the  center  line  of  Sixty-seventh  street  to  the  center 
line  of  South  Forty-eighth  avenue,  thence  South  along  the  center  line 
of  South  Forty-eighth  avenue  to  the  center  line  of  West  Eighty-seventh 
street,  thence  East  along  the  center  line  of  West  Eighty-seventh  street 
to  the  center  line  of  South  Western  avenue,  thence  south  along  the 
center  line  of  South  Western  avenue  to  the  center  line  of  West  One 
Hundred-seventh  street,  thence  East  along  the  center  line  of  West  One- 
hundred-seventh  street  to  the  center  line  of  South  Halsted  street,  thence 
north  along  the  center  line  of  South  Halsted  street  to  the  center  line 
of  West  One-hundred-third  street,  thence  East  along  the  center  line 
of  West  One-hundred-third  street  to  the  center  line  of  Stewart  avenue, 
thence  north  along  the  center  line  of  Stewart  avenue  to  the  center  line 

45 


of  West  Ninety-ninth  street,  thence  East  along  the  center  Hne  of  West 
Ninety-ninth  street  to  the  center  line  of  South  State  street,  thence  north 
along  the  center  line  of  South  State  street  to  the  place  of  beginning, 
shall  be  denominated  and  be  the  Fourteenth  (14)  Ward. 

FIFTEENTH  WARD. 

All  that  portion  of  the  City,  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  intersection  of  the  center  lines  of  South  State  street  and 
Sixty-third  street,  thence  West  along  the  center  line  of  Sixty-third  street 
to  the  center  line  of  South  Halsted  street,  thence  South  along  the  center 
line  of  South  Halsted  street  to  the  center  line  of  Seventy-first  street, 
thence  East  along  the  center  line  of  Seventy-first  street  to  the  center 
line  of  South  State  street  to  the  place  of  beginning,  shall  be  denominated 
and  be  the  Fifteenth  (15)  Ward. 

SIXTEENTH  WARD. 

All  that  portion  of  the  City,  of  Chicago  bounded  as  follows:  G>m- 
mencing  at  the  intersection  of  the  center  lines  of  South  State  street  and 
Fifty-fifth  street,  thence  West  along  the  center  line  of  Fifty-fifth  street 
to  center  line  of  South  Aberdeen  street,  thence  South  along  the  center 
line  of  South  Aberdeen  street  to  center  line  of  West  Sixty-third  street, 
thence  East  along  the  center  line  of  West  Sixty-third  street  to  the  center 
line  of  South  State  street,  thence  North  along  the  center  line  of  South 
State  street  to  place  of  beginning,  shall  be  denominated  and  be  the  Six- 
teenth (16)  Ward. 

SEVENTEENTH  WARD. 

All  that  portion  of  the  City  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  intersection  of  the  center  lines  of  South  Aberdeen  street 
and  West  Fifty-fifth  street,  thence  West  along  the  center  line  of  West 
Fifty-fifth  street  to  the  center  line  of  South  Forty-eighth  avenue,  thence 
South  al'ong  the  center  line  of  South  Forty-eighth  avenue  to  the  center 
line  of  West  Sixty-seventh  street,  thence  East  along  the  center  line  of 
West  Sixty-seventh  street  to  the  center  line  of  Loomis  street,  thence 

.  46 


North  along  the  center  hne  of  Loomis  street  to  the  center  line  of  West 
Sixty-third  street,  thence  East  along  the  center  line  of  West  Sixty- 
third  street  to  the  center  line  of  South  Aberdeen  street,  thence  North 
along  the  center  line  of  South  Aberdeen  street  to  the  place  of  begin- 
ning, shall  he  denominated  and  he  the  Seventeenth  (17)  Ward. 

EIGHTEENTH  WARD. 

All  that  portion  of  the  City  of  Chicago  hounded  as  follows:  Com- 
mencing at  the  intersection  of  the  center  lines  of  South  State  street  and 
Thirty-ninth  street,  thence  West  along  the  center  line  of  Thirty-ninth 
street  to  the  center  line  of  South  Center  avenue,  thence  South  along 
the  center  line  of  South  Center  avenue  to  the  center  line  of  West  Fifty- 
fifth  street,  thence  East  along  the  center  line  of  West  Fifty-fifth  street 
to  the  center  line  of  South  State  street,  thence  north  along  the  center 
line  of  South  State  street  to  the  place  of  beginning,  shall  he  denominated 
and  he  the  Eighteenth  (18)  Ward. 

NINETEENTH  WARD. 

All  that  portion  of  the  City,  of  Chicago  hounded  as  follows:  Com- 
mencing at  the  intersection  of  the  center  lines  of  South  Center  avenue 
and  West  Thirty-ninth  street,  thence  West  along  the  center  line  of  West 
Thirty-ninth  street,  projected,  to  the  center  line  of  South  Forty-eighth 
avenue,  thence  South  along  the  center  line  of  South  Forty-eighth  avenue 
to  the  center  line  of  West  Fifty-fifth  street,  thence  East  along  the  center 
-  line  of  West  Fifty-fifth  street  to  the  center  line  of  South  Center  avenue, 
thence  North  along  the  center  line  of  South  Center  avenue  to  the  place 
of  beginning,  shall  he  denominated  and  he  the  Nineteenth  (19)  Ward. 

TWENTIETH  WARD. 

All  that  portion  of  the  City  of  Chicago  hounded  as  follows:  Com- 
mencing at  the  shore  line  of  Lake  Michigan  and  the  center  line  of 
Chicago  avenue,  thence  west  along  the  center  line  of  Chicago  avenue  to 
the  center  line  of  the  north  branch  of  the  Chicago  River,  thence  South 
and  Southeasterly  along  the  center  line  of  the  North  Branch  of  the 

'  47 


Chicago  River  to  the  center  line  of  the  Chicago  River,  thence  East  along 
the  center  Hne  of  the  Chicago  River  to  Lake  Michigan,  thence  northerly 
along  the  shore  of  f.akc  Michigan  to  the  Center  line  of  Chicago  avenue, 
shall  be  denominated  and  he  the  Twentieth  (20)  Ward. 

TWENTY-FIRST  WARD. 

All  that  portion  of  the  City,  of  Chicago  hounded  as  follozi^s:  Com- 
mencing at  the  Shore  line  of  Lake  Michigan  and  the  center  line  of  North 
avenue,  thence  West  along  the  center  line  of  North  avenue  to  the  center 
line  of  Sedgwick  street,  thence  South  along  the  center  line  of  Sedgwick 
street  to  the  center  line  of  Division  street,  thence  West  along  the  center 
line  of  Division  street  to  the  center  line  of  Sedgwick  street,  thence  South 
along  the  center  line  of  Sedgwick  street  to  the  center  line  of  Chicago 
avenue,  thence  East  along  the  center  line  of  Chicago  avenue  to  the  Shore 
of  Lake  Michigan,  thence  Northerly  along  the  Shore  of  Lake  Michigan 
to  the  center  line  of  North  avenue,  shall  be  denominated  and  be  the 
Twenty-first  (21)  Ward. 

TWENTY-SECOND  WARD. 

All  that  portion  of  the  City,  of  Chicago  hounded  as  follows:  Com- 
mencing at  the  intersection  of  the  center  lines  of  North  avenue  and 
Sedgwick  street,  thence  West  along  the  center  line  of  North  avenue  to 
the  center  line  of  the  North  Branch  of  the  Chicago  River,  thence  South 
and  Southeasterly  along  the  center  line  of  the  North  Branch  of  the 
Chicago  River  to  the  center  line  of  Chicago  avenue,  thence  East  along 
the  center  line  of  Chicago  avenue  to  the  center  line  of  Sedgwick  street, 
thence  North  along  the  center  line  of  Sedgwick  street  to  the  center 
line  of  Division  street,  thence  East  along  the  centre  line  of  Division 
street  to  the  center  line  of  Sedgwick  street,  thence  North  along  the 
center  line  of  Sedgwick  street  to  the  place  of  beginning,  shall  be  de- 
nominated and  he  the  Twenty-second  (22)  Ward. 

TWENTY-THIRD  WARD. 

All  that  portion  of  the  City,  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  intersection  of  the  Shore  of  Lake  Michigan  and  Menom- 

48 


inee  street,  projected,  thence  West  along  the  center  Hne  of  Menom- 
inee street,  projected,  to  the  center  Hne  of  Larrabee  street,  thence 
South  along  the  center  line  of  Larrabee  street  to  the  center  line  of  Wil- 
low street,  thence  West  along  the  center  line  of  Willow  street 
to  the  center  line  of  North  Halsted  street,  thence  North  along 
the  center  line  of  North  Halsted  street  to  the  center  line  of  Center  street, 
thence  West  along  the  center  line  of  Center  street  to  the  center  line 
of  Racine  avenue,  thence  South  along  the  center  line  of  Racine  avenue 
to  the  center  line  of  Clybourn  Place,  thence  West  along  the  center  line 
of  Clybourn  Place  to  the  center  line  of  the  North  Branch  of  the  Chicago 
River,  thence  Southeasterly  along  the  center  line  of  the  North  Branch 
of  the  Chicago  River  to  the  center  line  of  North  avenue,  thence  East 
along  the  center  line  of  North  avenue  to  the  shore  of  Lake  Michigan, 
thence  North  along  the  Shore  of  Lake  Michigan  to  the  place  of  begin- 
ning, shall  be  denominated  and  be  the  Twenty-third  (23)  Ward. 

TWENTY-FOURTH  WARD. 

All  that  portion  of  the  City  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  intersection  of  the  Shore  of  Lake  Michigan  and  the 
center  line  of  Fullerton  avenue,  thence  West  along  the  center  line  of 
Fullerton  avenue  to  the  center  line  of  North  Halsted  street,  thence  South 
along  the  center  line  of  North  Halsted  street  to  the  center  line  of  Willow 
street,  thence  East  along  the  center  line  of  Willow  street  to  the  center 
line  of  Larrabee  street,  thence  North  along  the  center  line  of  Larrabee 
street  to  the  center  line  of  Menominee  street,  thence  East  along  the 
■center  line  of  Menominee  street,  projected,  to  the  Shore  of  Lake  IMichi- 
gan,  thence  North  along  the  Shore  of  Lake  Mchigan  to  the  place  of  be- 
ginning, shall  be  denominated  and  be  the  Twenty-fourth  (24)  Ward. 

TWENTY-FIFTH  WARD. 

All  that  portion  of  the  City,  of  Chicago  bounded  as  follozus:  Com- 
mencing at  the  intersection  of  the  center  line  of  Racine  avenue  and 
Belmont  avenue,  thence  West  along  the  center  line  of  Belmont  avenue 
to  the  center  line  of  the  North  Branch  of  the  Chicago  River,  thence 

49 


Southeasterly  along  the  center  line  of  the  North  Branch  of  the  Chicago 
River  to  the  center  line  of  Clybourn  Place,  thence  East  along  the  center 
line  of  Clybourn  Place  to  the  center  line  of  Racine  avenue,  thence  North 
along  the  center  line  of  Racine  avenue  to  the  center  line  of  Center 
street,  thence  East  along  the  center  line  of  Center  street  to  the  center 
line  of  North  Halsted  street,  thence  North  along  the  center  line  of  North 
Halsted  street  to  the  center  line  of  Fullerton  avenue,  thence  West  along 
the  center  line  of  Fullerton  avenue  to  the  center  line  of  Racine  avenue, 
thence  north  along  the  center  line  of  Racine  avenue  to  the  place  of  be- 
ginning, shall  be  denominated  and  be  the  Twenty-fifth  (25)  Ward. 

TWENTY-SIXTH  WARD. 

All  that  portion  of  the  City,  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  intersection  of  the  shore  of  Lake  Michigan  and  the  center 
line  of  Roscoe  street,  thence  West  along  the  center  line  of  Roscoe  street  ' 
to  the  center  line  of  Racine  avenue,  thence  South  along  the  center  line 
of  Racine  avenue  to  the  center  line  of  Fullerton  avenue,  thence  East 
along  the  center  line  of  Fullerton  avenue  to  the  shore  of  Lake  Michigan, 
thence  Northerly  along  the  shore  of  Lake  Michigan  to  the  place  of 
beginning,  shall  be  denominated  and  be  Twenty-sixth  (26)  Ward. 

TWENTY-SEVENTH  WARD. 

All  that  portion  of  the  City,  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  intersection  of  the  shore  of  Lake  Michigan  and  the 
Indiana  boundary  line,  thence  Southwesterly  along  the  said  Indiana 
boundary  line  of  the  center  line  of  Howard  street,  projected,  thence 
West  along  the  center  line  of  Howard  street,  projected,  to  the  center  line 
of  Ridge  Road,  thence  South  and  Southeasterly  along  the  center  line 
of  Ridge  Road  to  the  center  line  of  Devon  avenue,  thence  East  along 
the  center  line  of  Devon  avenue  to  the  center  line  of  North  Clark  street, 
thence  South  and  Southeasterly  along  the  center  line  of  North  Clark 
street  to  the  center  line  of  Irving  Park  Boulevard,  thence  East  along 
the  center  line  of  Irving  Park  Boulevard  to  the  center  line  of  Racine 
avenue,  thence  South  along  the  center  line  of  Racine  avenue  to  the 

50 


center  line  of  Roscoe  street,  thence  East  along  the  center  line  of  Roscoe 
street  to  the  shore  of  Lake  Michigan,  thence  Northerly  along  the  shore 
of  Lake  Michigan  to  the  place  of  beginning,  shall  be  denominated  and  be 
the  Twenty-seventh  (27)  Ward. 

TWENTY-EIGHTH  WARD. 

All  that  portion  of  the  City,  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  intersection  of  the  center  lines  of  Ridge  Road  and 
Howard  street,  projected,  thence  West  along  the  center  line  of  Howard 
street,  projected,  to  the  center  line  of  North  Kedzie  avenue,  projected, 
thence  South  along  the  center  line  of  North  Kedzie  avenue,  projected, 
to  the  center  line  of  West  Devon  avenue,  projected,  thence  East  along 
the  center  line  of  West  Devon  avenue,  projected,  to  the  center  line  of 
North  Western  avenue,  thence  South  along  the  center  line  of  North 
Western  avenue  to  the  center  line  of  Irving  Park  Boulevard  (Graceland 
avenue),  thence  East  along  the  center  Hne  of  Irving  Park  Boulevard 
(Graceland  avenue)  to  the  center  line  of  North  Clark  street,  thence 
Northwesterly  and  Northerly  along  the  center  line  of  North  Clark  street 
to  the  center  line  of  Devon  avenue,  thence  West  along  the  center  line 
of  Devon  avenue  to  the  center  line  of  Ridge  Road,  thence  Northwesterly 
and  Northerly  along  the  center  line  of  Ridge  Road  to  the  place  of  be- 
ginning, shall  be  denominated  and  be  the  Twenty-eighth  (28)  Ward. 

TWENTY-NINTH  WARD. 

All  that  portion  of  the  City,  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  intersection  of  the  center  lines  of  Racine  avenue, 
projected,  and  Irving  Park  Boulevard  (Graceland  avenue),  thence  West 
along  the  center  line  of  Irving  Park  Boulevard  (Graceland  avenue)  to 
the  center  line  of  North  Western  avenue,  thence  South  along  the  center 
line  of  North  Western  avenue  to  the  center  line  of  Belmont  avenue, 
thence  East  on  the  center  line  of  Belmont  avenue  to  the  center  line  of 
Racine  avenue,  thence  North  along  the  center  line  of  Racine  avenue, 
projected,  to  the  center  line  of  Irving  Park  Boulevard  (Graceland 
avenue),  shall  be  denominated  and  be  the  Twenty-ninth  (29)  Ward. 

51 


THIRTIETIJ  WARD. 


All  that  portion  of  the  City  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  intersection  of  the  center  line  of  North  Western  avenue 
and  West  Devon  avenue,  projected,  thence  West  along  the  center  line 
of  West  Devon  avenue,  projected,  to  the  intersection  of  the  center  line 
of  North  Sixty-fourth  avenue,  projected,  thence  North,  Northwest, 
Northeast,  West,  North,  West,  South,  West,  South,  West,  Southeast, 
and  South  along  the  city  limits  to  the  center  of  West  Bryn  Mawr 
avenue,  projected  thence  East  along  the  center  line  of  West  Bryn  Mawr 
avenue,  projected,  to  the  center  line  of  North  Sixtieth  avenue,  projected, 
thence  South  along  the  center  line  of  North  Sixtieth  avenue,  projected, 
to  the  center  line  of  West  Irving  Park  Boulevard,  thence  West  along 
the  center  line  of  West  Irving  Park  Boulevard  to  the  center  line  of 
North  Seventy-second  avenue,  projected,  thence  South  along  the  center 
line  of  North  Seventy-second  avenue,  projected,  to  the  center  line  of  West 
Belmont  avenue,  thence  East  along  the  center  line  of  Belmont  avenue 
to  the  center  line  of  North  Central  Park  avenue,  thence  South  along  the 
center  line  of  North  Central  Park  avenue  to  the  center  line  of  Diversey 
avenue,  thence  East  along  the  center  line  of  Diversey  avenue  and  Boule- 
vard, projected,  to  the  center  line  of  the  North  Branch  of  the  Chicago 
River,  thence  Northwesterly  along  the  center  line  of  the  North  Branch 
of  the  Chicago  River  to  the  center  line  of  Belmont  avenue,  thence  East 
along  the  center  line  of  Belmont  avenue  to  the  center  line  of  North 
Western  avenue,  thence  North  along  the  center  line  of  North  Western 
avenue  to  the  place  of  beginning,  shall  be  denominated  and  be  the 
Thirtieth  (30)  Ward. 

THIRTY-FIRST  WARD. 

All  that  portion  of  the  City,  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  intersection  of  the  center  line  of  North  Kedzie  avenue 
and  the  center  line  of  Diversey  avenue,  thence  West  along  the  center 
line  of  Diversey  avenue  to  the  center  line  of  North  Central  Park  avenue, 
thence  North  along  the  center  line  of  North  Central  Park  avenue  to 
the  center  line  of  West  Belmont  avenue,  thence  West  along  the  center 

•52 


line  of  West  Belmont  avenue  to  the  center  line  of  North  Seventy-second 
avenue,  thence  South  along  the  center  line  of  North  Seventy-second 
avenue  to  the  center  line  of  West  North  avenue,  thence  East  along  the 
center  line  of  West  North  avenue  to  the  center  line  of  North  Kedzie 
avenue,  thence  North  along  the  center  line  of  North  Kedzie  avenue  to 
the  center  line  of  Diversey  avenue,  shall  he  denominated  and  be  the 
Thirty-first  (31)  Ward. 

THIRTY-SECOND  WARD. 

All  that  portion  of  the  City,  of  Chicago  hounded  as  follows:  Com- 
mencing at  the  intersection  of  the  center  line  of  the  North  Branch  of 
the  Chicago  River  and  Diversey  Boulevard,  thence  West  along  the 
center  line  of  Diversey  Boulevard  and  avenue,  to  the  center  line  of 
North  Kedzie  avenue,  thence  South  along  the  center  line  of  North 
Kedzie  avenue  to  the  center  line  of  West  North  avenue,  thence  East 
along  the  center  line  of  West  North  avenue  to  the  center  line  of  North 
Robey  street,  thence  North  along  the  center  line  of  North  Robey  street 
to  the  center  line  of  West  Fullerton  avenue,  thence  East  along  the  center 
line  of  West  Fullerton  avenue  to  the  center  line  of  the  North  Branch 
of  the  Chicago  River,  thence  Northwesterly  along  the  center  line  of  the 
North  Branch  of  the  Chicago  River  to  the  place  of  beginning,  shall  be 
denominated  and  be  the  Thirty-second  (32)  Ward. 

THIRTY-THIRD  WARD. 

All  that  portion  of  the  City,  of  Chicago  hounded  as  follows:  Com- 
mencing at  the  intersection  of  the  center  line  of  the  North  Branch  of 
the  Chicago  River  and  Fullerton  avenue,  thence  West  along  the  center 
line  of  Fullerton  avenue  to  the  center  line  of  North  Robey  street,  thence 
South  along  the  center  line  of  North  Robey  street  to  the  center  line 
of  West  Division  street,  thence  East  along  the  center  line  of  West 
Division  street  to  the  center  line  of  the  North  Branch  of  the  Chicago 
River,  thence  North  and  Northwesterly  along  the  center  line  of  the 
North  Branch  of  the  Chicago  River  to  the  place  of  beginning,  shall  he 
denominated  and  be  the  Thirty-third  (33)  Ward. 

53 


THIRTY-FOURTH  WARD. 


All  that  portion  of  the  City  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  intersection  of  the  center  line  of  the  North  Branch  of 
the  Chicago  River  and  West  Division  street,  thence  West  along  the 
center  line  of  West  Division  street  to  the  center  line  of  North  Ashland 
avenue,  thence  South  along  the  center  line  of  North  Ashland  avenue 
to  the  center  line  of  West  Kinzie  street,  thence  East  along  the  center 
line  of  West  Kinzie  street  to  the  center  line  of  the  North  Branch  of 
the  Chicago  River,  thence  Northwesterly  along  the  center  line  of  the 
North  Branch  of  the  Chicago  River  to  the  place  of  beginning,  shall  be 
denominated  and  be  the  Thirty-fourth  (34)  Ward. 

THIRTY-FIFTH  WARD. 

All  that  portion  of  the  City  of  Chicago  bounded  as  follows:  Be- 
ginning at  the  intersection  of  the  center  line  of  North  Ashland  avenue 
and  West  Division  street,  thence  West  along  the  center  line  of  West 
Division  street  to  the  center  line  of  North  Robey  street,  thence  South 
along  the  center  line  of  North  Robey  street  to  the  center  line  of  Wash- 
ington Boulevard,  thence  East  along  the  center  line  of  Washington 
Boulevard  to  the  center  line  of  North  Ashland  avenue,  thence  North 
along  the  center  line  of  North  Ashland  avenue  to  the  place  of  beginning, 
shall  be  denominated  and  be  the  Thirty-fifth  (35)  Ward. 

THIRTY-SIXTH  WARD. 

All  that  portion  of  the  City  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  intersection  of  the  center  lines  of  North  Robey  street 
and  West  Chicago  avenue,  thence  West  along  the  center  line  of  West 
Chicago  avenue  to  the  center  line  of  North  Homan  avenue,  thence  South 
ralong  the  center  line  of  North  Homan  avenue  to  the  center  line  of 
West  Kinzie  street,  thence  West  along  the  center  line  of  West  Kinzie 
street  to  the  center  line  of  North  Central  Park  avenue,  thence  South 
along  the  center  line  of  North  Central  Park  avenue  to  the  center  line 
•of  West  Lake  street,  thence  East  along  the  center  line  of  West  Lake 
street  to  the  center  line  of  North  Homan  avenue,  thence  South  along 

54 


the  center  line  of  North  Homan  avenue  to  the  center  line  of  Washing- 
ton Boulevard,  thence  East  along  the  center  line  of  Washington  Boule- 
vard to  the  center  line  of  North  Robey  street,  thence  North  along  the 
center  line  of  North  Robey  street  to  the  place  of  beginning,  shall  he  de- 
nominated and  he  the  Thirty-sixth  (36)  Ward. 

THIRTY-SEVENTH  WARD. 

All  that  portion  of  the  City  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  intersection  of  the  center  lines  of  North  Robey  street  and 
West  North  avenue,  thence  West  along  the  center  line  of  West  North 
avenue  to  the  center  line  of  North  Kedzie  avenue,  thence  South  along  the 
center  line  of  North  Kedzie  avenue  to  the  center  line  of  West  Chicago 
avenue,  thence  East  along  the  center  line  of  West  Chicago  avenue  to 
the  center  line  of  North  Robey  street,  thence  North  along  the  center 
line  of  North  Robey  street  to  the  place  of  beginning,  shall  he  denominated 
and  he  the  Thirty-seventh  (37)  Ward. 

THIRTY-EIGHTH  WARD. 

All  that  portion  of  the  City  of  Chicago  hounded  as  follows:  Com- 
mencing at  the  intersection  of  the  center  lines  of  North  Kedzie  avenue 
and  West  North  avenue,  thence  West  along  the  center  line  of  West  North 
Avenue  to  the  center  line  of  Austin  avenue,  thence  South  along  the 
center  line  of  Austin  avenue  to  the  center  line  of  West  Kinzie  street, 
thence  East  along  the  center  line  of  West  Kinzie  street  to  the  center 
line  of  North  Homan  avenue,  thence  North  along  the  center  line  of  North 
Homan  avenue  to  the  center  line  of  West  Chicago  avenue,  thence  East 
along  the  center  line  of  West  Chicago  avenue  to  the  center  line  of  North 
Kedzie  avenue,  thence  North  along  the  center  line  of  North  Kedzie 
avenue  to  the  place  of  beginning,  shall  he  denominated  and  he  the 
Thirty-eighth  (38)  Ward. 

THIRTY-NINTH  WARD. 

All  that  portion  of  the  City  of  Chicago  hounded  as  follou's:  Com- 
mencing at  the  intersection  of  the  center  line  of  North  Fortieth  avenue 

55 


^nd  West  Kinzie  street,  thence  West  along  the  center  Hne  of  West 
Kinzie  street  to  the  center  Hne  of  Austin  avenue,  thence  South  along 
the  center  line  of  Austin  avenue  to  the  center  line  of  West  Twelfth  street, 
thence  East  along  the  center  line  of  West  Twelfth  street  to  the  center 
line  of  South  Fortieth  avenue.  Thence  North  along  the  center  line  of 
South  and  North  Fortieth  avenues  to  the  place  of  beginning,  shall  be 
.denominated  and  be  the  Thirty-ninth  (39)  Ward. 

FORTIETH  WARD. 

All  that  portion  of  the  City  of  Chicago  bounded  as  follows:  Com- 
:jnencing  at  the  intersection  of  the  center  line  of  North  Central  Park 
avenue  and  West  Kinzie  street,  thence  West  along  the  center  line  of 
West  Kinzie  street  to  the  center  line  of  North  Fortieth  avenue,  thence 
.South  along  the  center  line  of  North  and  South  Fortieth  avenue  to  the 
■center  line  of  West  Twelfth  street,  thence  East  along  the  center  line 
of  West  Twelfth  street  to  the  center  line  of  Rockwell  street,  thence 
north  along  the  center  line  of  Rockwell  street  to  the  center  line  of 
Flournoy  street,  thence  West  along  the  center  line  of  Flournoy  street  to 
the  center  line  of  South  California  avenue,  thence  North  along  the 
center  line  of  California  avenue  to  the  center  line  of  Warren  avenue, 
thence  West  along  the  center  line  of  Warren  avenue  to  the  center  line 
of  South  Sacramento  avenue,  thence  North  along  the  center  line  of  South 
;  Sacramento  avenue  to  the  center  line  of  Washington  Boulevard,  thence 
West  along  the  center  line  of  Washington  Boulevard  to  the  center  line 
•of  South  Homan  avenue,  thence  North  along  the  center  line  of  South 
Homan  avenue  to  the  center  line  of  West  Lake  street,  thence  West  along 
the  center  line  of  West  Lake  street  to  the  center  line  of  North  Central 
Park  avenue,  thence  North  along  the  center  line  of  North  Central  Park 
avenue  to  the  place  of  beginning,  shall  be  denominated  and  be  the 
Fortieth  (40)  Ward. 

FORTY-FIRST  WARD. 

All  that  portion  of  the  City  of  Chicago  bounded  as  follows:  Com- 
.mencing  at  the  intersection  of  the  center  lines  of  South  Lincoln  street 

56 


and  Washington  Boulevard,  thence  West  along  the  center  line  of 
Washington  Boulevard,  to  the  center  line  of  South  Sacramento  avenue, 
thence  South  along  the  center  line  of  South  Sacramento  avenue  to  the 
center  line  of  Warren  avenue,  thence  East  along  the  center  line  of 
West  Warren  avenue  to  the  center  line  of  California  avenue,  thence 
South  along  the  center  line  of  California  avenue  to  the  center  line  of 
Flournoy  street,  thence  east  along  the  center  line  of  Flournoy  street  to 
the  center  line  of  Rockwell  street,  thence  South  along  the  center  line 
of  Rockwell  street  to  the  center  line  of  West  Twelfth  street,  thence 
East  along  the  center  line  of  Twelfth  street  and  Twelfth  Street  Boule- 
vard to  the  center  line  of  Cypress  street,  thence  North  along  the  center 
line  of  Cypress  street  to  the  center  line  of  West  Taylor  street,  thence 
East  along  the  center  line  of  West  Taylor  street  to  the  center  line  of 
South  Robey  street,  thence  North  on  the  center  line  of  South  Robey 
street  to  the  center  line  of  Van  Buren  street,  thence  East  along  the 
center  line  of  Van  Buren  street  to  the  center  line  or  limit  of  Winchester 
avenue,  thence  North  along  the  center  line  of  South  Winchester  avenue 
to  the  center  line  of  West  Madison  street,  thence  East  along  the  center 
line  of  West  Madison  street  to  the  center  line  of  South  Lincoln  street^ 
thence  North  along  the  center  line  of  South  Lincoln  street  to  the  place 
of  beginning,  shall  be  denominated  and  be  the  Forty-first  (41)  Ward. 

FORTY-SECOND  WARD. 

All  that  portion  of  the  City  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  intersection  of  the  center  line  of  North  Sheldon  street 
and  West  Kinzie  street,  thence  West  along  the  center  line  of  West  Kinzie 
street  to  the  center  line  of  North  Ashland  avenue,  thence  South  'along 
the  center  line  of  North  Ashland  avenue  and  Ashland  Boulevard  to  the 
center  line  of  Washington  Boulevard,  thence  West  along  the  center 
line  of  Washington  Boulevard  to  the  center  line  of  South  Lincoln  street, 
and  South  along  the  line  of  South  Lincoln  street  to  the  center  line  of 
West  Madison  street,  thence  West  along  the  center  line  of  West  Madison 
street  to  the  center  line  of  South  Winchester  avenue,  thence  South  along  , 
the  center  line  of  South  Winchester  avenue  to  the  center  line  of  West 
Van  Buren  street,  thence  West  on  the  center  line  of  West  Van  Buren 

57 


street  -to  the  cancer  une  of  South  Robey  street,  thence  South  along  the 
center  line  of  South  Robey  street  to  the  center  line  of  West  Taylor 
street,  thence  East  along  the  center  line  of  West  Taylor  street  to  the 
center  line  of  Loomis  street,  thence  North  along  the  center  line  of 
Loomis  street  to  the  center  line  of  West  Madison  street,  thence  West 
along  the  center  line  of  West  Madison  street  to  the  center  line  of  Sheldon 
street,  thence  North  along  the  center  line  of  Sheldon  street  to  the  place 
of  beginning,  shall  be  denominated  and  be  the  Forty-second  (42)  Ward. 

FORTY-THIRD  WARD. 

All  that  portion  of  the  City  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  intersection  of  the  Center  line  of  the  North  Branch  of 
the  Chicago  River  and  West  Kinzie  street,  thence  West  along  the  center 
line  of  West  Kinzie  street  to  the  center  line  of  North  Sheldon  street,  • 
thence  South  along  the  center  line  of  North  Sheldon  street  to  the  center 
line  of  West  Madison  street,  thence  East  along  the  center  line  of  West 
Madison  street  to  the  center  line  of  Loomis  street,  thence  South  along 
the  center  line  of  Loomis  street  to  the  center  line  of  West  Van  Buren 
street,  thence  East  along  the  center  line  of  West  Van  Buren  street  to 
the  center  line  of  the  South  Branch  of  the  Chicago  River,  thence  North 
along  the  center  lines  of  the  South  Branch  and  the  North  Branch  of 
the  Chicago  River  to  the  place  of  beginning,  shall  be  denominated  and  be 
the  Forty-third  (43)  Ward. 

FORTY-FOURTH  WARD. 

All  that  portion  of  the  City  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  intersection  of  the  center  lines  of  the  South  Branch  of 
the  Chicago  River  and  West  Van  Buren  street,  thence  West  along  the 
center  line  of  West  Van  Buren  street  to  the  center  line  of  Loomis  street, 
thence  South  along  the  center  line  of  Loomis  street  to  the  center  line  of 
Taylor  street,  thence  West  along  the  center  line  of  Taylor  street  to  the 
center  line  of  Laflin  street,  thence  South  along  the  center  line  of  Laflin 
street  to  the  center  line  of  West  Twelfth  street,  thence  East  along  the 
center  line  of  West  Twelfth  street  to  the  center  line  of  the  South  Branch 

58 


of  the  Chicago  River,  thence  North  along  the  center  line  of  the  South 
Branch  of  the  Chicago  River  to  the  place  of  beginning,  shall  be  denomi- 
nated and  be  the  Forty-fourth  (44)  Ward. 

FORTY-FIFTH  WARD. 

All  that  portion  of  the  City  of  Chicago  bounded  as  follozus:  Com- 
mencing at  the  intersection  of  the  center  line  of  the  South  Branch  of 
the  Chicago  River  and  West  Twelfth  street,  thence  West  along  the 
center  line  of  W^est  Twelfth  street  to  the  center  line  of  South  Morgan 
street,  thence  South  along  the  center  line  of  South  Morgan  street  to 
the  center  line  of  West  Eighteenth  street,  thence  West  along  the  center 
line  of  West  Eighteenth  street  to  the  center  line  of  South  Morgan 
street,  thence  South  along  the  center  line  of  South  Morgan  street  to 
the  center  line  of  the  South  Branch  of  the  Chicago  River,  thence  North- 
easterly along  the  center  line  of  the  South  Branch  of  the  Chicago  River 
to  the  place  of  beginning,  shall  be  denominated  and  be  the  Forty-fifth 

(45)  Ward. 

FORTY-SIXTH  WARD. 

All  that  portion  of  the  City  of  Chicago  bounded  as  follozvs:  Com- 
mencing at  the  intersection  of  the  center  lines  of  South  Morgan  street 
and  West  Twelfth  street,  thence  West  along  the  center  line  of  West 
Twelfth  (12)  street  to  the  center  line  of  Laflin  street,  thence  South  along 
the  center  line  of  Laflin  street  to  the  center  line  of  the  South  Branch 
of  the  Chicago  River,  thence  Northeasterly  along  the  center  line  of 
the  South  Branch  of  the  Chicago  River  to  the  center  line  of  South 
Morgan  street,  thence  North  along  the  center  line  of  South  Morgan 
street  to  the  center  line  of  West  Eighteenth  street,  thence  East  along 
the  center  line  of  West  Eighteenth  street  to  the  center  line  of  South 
Morgan  street,  thence  along  the  center  line  of  South  Morgan  street 
to  the  place  of  beginning,  shall  be  denominated  and  be  the  Forty-sixth 

(46)  Ward. 

FORTY-SEVENTH  WARD. 

All  that  portion  of  the  City  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  intersection  of  the  center  lines  of  Laflin  street  and  West 

59 


Taylor  street,  thence  West  along  the  center  hnc  of  West  Taylor  street 
to  the  center  line  of  Cypress  street,  thence  south  along  the  center  line 
of  Cypress  street  to  the  center  line  of  West  Twelfth  street,  thence  West 
along  the  center  line  of  West  Twelfth  street  to  the  center  line  of  South 
Hoyne  avenue,  thence  South  along  the  center  line  of  South  Hoyne 
avenue  to  the  center  line  of  the  Illinois  and  Michigan  Canal,  thence 
Northeasterly  along  the  center  line  of  the  Illinois  and  Michigan  Canal 
and  the  South  Branch  of  the  Chicago  River  to  the  center  line  of  Laflin 
street,  thence  North  along  the  center  line  of  Laflin  street  to  the  place  of 
beginning,  shall  be  denominated  and  he  the  Forty-seventh  (47)  Ward. 

FORTY-EIGHTH  WARD. 

All  that  portion  of  the  City  of  Chicago  bounded  as  follows:  Com- 
mencing at  the  intersection  of  the  center  lines  of  South  Hoyne  avenue 
and  West  Twelfth  street,  thence  West  along  the  center  line  of  West 
Twelfth  street  to  the  center  line  of  South  Campbell  avenue,  thence  South 
and  Southeasterly  along  the  center  line  of  South  Campbell  avenue  to 
the  center  line  of  the  Chicago,  Burlington  &  Quincy  railroad  right  of 
way,  thence  Southwesterly  along  the  center  line  of  the  Chicago,  Bur- 
lington &  Quincy  Railroad  right  of  way  to  the  center  line  of  South 
California  avenue,  thence  South  along  the  center  line  of  South  California 
avenue,  projected,  to  the  center  line  of  the  Illinois  and  Michigan  Canal, 
thence  Northeasterly  along  the  center  line  of  the  Illinois  and  Michigan 
Canal  to  the  center  line  of  South  Hoyne  avenue,  thence  North  along  the 
center  line  of  South  Hoyne  avenue  to  the  place  of  beginning,  shall  be 
denominated  and  he  the  Forty-eighth  (48)  Ward. 

FORTY-NINTH  WARD. 

All  that  portion  of  the  City  of  Chiicago  bounded  as  follows:  Com- 
mencing at  the  intersection  of  the  center  line  of  South  Campbell  avenue 
and  West  Twelfth  street,  thence  west  along  the  center  line  of  West 
Twelfth  street  to  the  center  line  of  South  Homan  avenue;  thence  south 
along  the  center  line  of  South  Homan  avenue  to  the  center  line  of  West 
25th  street ;  thence  West  along  the  center  line  of  West  25th  street  to  the 

60 


center  line  of  South  St.  Louis  avenue;  thence  south  along  the  center 
line  of  South  St.  Louis  avenue  to  the  center  line  of  West  26th  street, 
thence  east  along  the  center  line  of  West  26th  street,  to  the  center  line  of 
South  Homan  avenue;  thence  south  along  the  center  line  of  South 
Homan  avenue,  projected,  to  the  center  line  of  the  Illinois  and  Michigan 
canal;  thence  Northeasterly  along  the  center  line  of  the  Illinois  and 
Michigan  canal  to  the  center  line  of  South  California  avenue,  projected ; 
thence  north  along  the  center  line  of  South  California  avenue,  projected, 
to  the  center  line  of  the  Chicago,  Burlington  &  Quincy  railroad  right- 
of-way;  thence  Northeasterly  along  the  center  line  of  the  Chicago,  Bur- 
lington &  Quincy  railroad  right-of-way  to  the  center  line  of  South 
Campbell  avenue;  thence  North  and  Northwesterly  along  the  center  line 
of  South  Campbell  avenue  to  the  place  of  beginning,  shall  he  denominated 
and  he  the  Forty-ninth  (49)  Ward. 

FIFTIETH  WARD. 

All  that  portion  of  the  City  of  Chicago  hounded  as  follozus:  Com- 
mencing at  the  intersection  of  the  center  line  of  South  Homan  avenue 
and  West  Twelfth  street;  thence  west  along  the  center  line  of  West 
Twelfth  street  to  the  center  line  of  South  Forty-sixth  avenue;  thence 
south  along  the  center  line  of  South  Forty-sixth  avenue  to  the  center 
line  of  West  Thirty-ninth  street,  projected;  thence  east  along  the  cen- 
ter line  of  West  Thirty-ninth  street  projected  to  the  center  line  of  the 
Illinois  and  Michigan  canal ;  thence  northeasterly  along  the  center  line  of 
the  Illinois  and  Michigan  canal  to  the  center  line  of  South  Homan  avenue, 
projected;  thence  north  along  the  center  line  of  South  Homan  avenue 
projected  to  the  center  line  of  West  Twenty-sixth  street;  thence  west 
along  the  center  line  of  West  Twenty-sixth  street  to  the  center  line  of 
South  St.  Louis  avenue,  thence  north  along  the  center  line  of  South 
St.  Louis  avenue  to  the  center  line  of  West  Twenty-fifth  street,  thence 
east  along  the  center  line  of  West  Twenty-fifth  street  to  the  center  line 
of  South  Homan  avenue,  thence  north  along  the  center  line  of  South 
Homan  avenue  to  the  place  of  beginning,  shall  be  denominated  and  be 
the  Fiftieth  ward. 


61 


4 — 3.  The  city  shall  thereafter  be  re-districted  by  the  city  council 
in  the  year  1902  and  every  tenth  year  thereafter.  The  city  council,  upon 
redistricting  the  city  under  the  authority  of  this  section,  may  change  the 
number  of  aldermen  and  their  term  of  office,  and  may  also  alter  the  terri- 
torial basis  of  representation,  provided  that  all  wards  shall  be  of  com- 
pact and  contiguous  territory  and  as  nearly  as  practicable  equal  to  each 
other  in  population,  and  provided  that  the  number  of  aldermen  shall  not 
be  increased  above  fifty  nor  the  term  of  their  office  be  made  longer  than 
four  years. 

No  ordinance  altering  the  number  of  wards  or  of  aldermen  or  the 
term  of  aldermen  shall  take  effect  until  sixty  days  from  and  after  its 
passage,  and  if  within  such  sixty  days  fifteen  (15)  per  cent  of  the  voters 
of  the  city  voting  at  the  last  preceding  election  for  Mayor,  petition  for 
the  submission  of  such  ordinance  to  popular  vote,  not  until  such  ordinance 
shall  have  been  approved  by  the  voters  of  the  city  voting  upon  such 
proposition. 

A — 4.  Whenever  any  city  council,  having  the  authority  to  re-district 
the  city,  shall  fail  to  have  done  so  in  a  valid  manner  by  a  day  fifty  days 
previous  to  the  day  set  for  the  next  succeeding  council  election  the  board 
of  election  commissioners  shall  re-district  the  city  as  the  city  council 
might  have  done  before  such  date,  but  it  shall  have  no  power  to  change 
the  number  of  aldermen  or  the  term  of  office  of  aldermen. 

The  council  elected  by  wards  as  re-districted  by  the  board  of  election 
commissioners  may  adopt  the  wards  so  created  or  may  create  new  wards 
until  a  day  fifty  days  previous  to  the  next  regular  election  of  aldermen. 
If  it  does  neither  the  wards  so  created  shall  continue  until  the  next  re- 
districting  of  the  city  under  the  provisions  of  this  charter. 

4—5.  Any  territory  annexed  to  the  city  shall  be  made  a  part  of  an 
adjoining  ward  or  wards  as  the  city  council  may  determine. 

A — 6.  If  any  vacancy  shall  occur  in  the  office  of  alderman  by  death, 
resignation,  removal,  or  otherwise,  such  vacancy,  if  occurring  more  than 
six  months  before  the  expiration  of  the  term  of  such  alderman,  shall  be 
filled  by  special  election. 

A — 7.  No  person  shall  be  eligible  to  the  office  of  alderman  unless  he 
shall  be  a  qualified  elector,  and  reside  within  the  ward  for  which  he  is 

62 


elected ;  nor  shall  he  be  eligible,  if  he  is  in  arrears  in  the  payment  of  any 
tax  or  other  liability  due  to  the  city ;  nor  shall  he  be  eligible,  if  he  shall 
have  been  convicted  of  malfeasance,  bribery,  or  other  corrupt  practices 
or  crimes;  nor  shall  he  be  eligible  to  any  office,  the  salary  of  which  is 
payable  out  of  the  city  treasury  if  at  the  time  of  his  appointment  he  shall 
be  a  member  of  the  city  council.  No  member  of  the  city  council  shall 
at  the  same  time  hold  any  other  civil  office  under  the  federal.  State, 
county,  sanitary  district  or  city  government  except  as  notary  public. 
Any  person  who,  with  his  consent,  is  elected  to  the  city  council  shall  be 
deemed  to  have  vacated  any  office  he  may  then  be  holding  under  the  city 
government ;  if  he  is  then  holding  any  other  incompatible  office  and  does 
not  resign  the  same  within  thirty  days  from  his  election,  his  seat  in  the 
council  shall  be  deemed  vacant.  Any  member  of  the  council  accepting 
and  entering  upon  any  such  other  office  shall  be  deemed  to  have  thereby 
vacated  his  seat  in  the  council. 

4 — 8.  The  aldermen  elected  in  the  year  1909  and  thereafter  shall 
receive  compensation  for  their  services  at  the  rate  of  $3,500  per  annum. 

The  chairman  of  the  finance  committee  of  the  city  council  shall  re- 
ceive in  addition  to  his  salary  as  alderman  such  additional  sum,  not  ex- 
ceeding $1,500  per  annum,  as  the  city  council  may  by  ordinance  determine 
for  his  services  as  such  chairman. 

Until  changed  as  herein  provided  compensation  shall  be  paid  to 
aldermen  in  accordance  with  the  laws  now  in  force. 

A — 9.  The  city  council  shall  be  judge  of  the  election  and  qualification 
of  its  own  members. 

4 — 10.  It  shall  determine  its  own  rules  of  proceeding,  punish  its 
members  for  disorderly  conduct,  and  with  the  concurrence  of  two-thirds 
of  the  aldermen  elected,  may  expel  a  member,  but  not  a  second  time  for 
the  same  offense :  Provided,  that  any  alderman  who  shall  have  been  con- 
victed of  the  offense  of  bribery  under  the  laws  of  the  State  shall  thereby 
be  deemed  to  have  vacated  his  office. 

4 — 11.  A  majority  of  the  aldermen  elected  shall  constitute  a  quorum 
to  do  business,  but  a  smaller  number  may  adjourn  from  time  to  time,  and 
may  compel  the  attendance  of  absentees,  under  such  penalties  as  may  be 
prescribed  by  ordinance. 

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A — 12.  The  city  council  may  prescribe,  by  ordinance,  the  times 
and  places  of  the  meeting  thereof. 

A — 13.  Upon  the  adoption  of  this  charter,  the  mayor  shall  cease  to 
preside  over  the  city  coinicil,  and  the  city  council  shall  elect  one  of  its 
members  to  act  as  presiding  officer  for  such  term  as  the  council  may  by 
resolution  or  ordinance  determine. 

A — 14.    The  city  council  shall  sit  with  open  doors. 

A — 15.    It  shall  keep  a  journal  of  its  proceedings. 

4 — 16.  The  yeas  and  nays  shall  be  taken  upon  the  passage  of  all 
ordinances,  and  on  all  propositions  to  create  any  liability  against  the 
city,  or  for  the  expenditure  or  appropriation  of  its  money,  and  in  all  other 
cases  at  the  request  of  any  member,  which  shall  be  entered  on  the  journal 
of  its  proceedings;  and  the  concurrence  of  a  majority  of  all  the  mem- 
bers elected  to  the  city  council  shall  be  necessary  to  the  passage  of  any 
such  ordinance  or  proposition. 

A — 17.  No  vote  of  the  city  council  shall  be  reconsidered  or 
rescinded  at  a  special  meeting,  unless  at  such  special  meeting  there  be 
present  as  large  a  number  of  aldermen  as  were  present  when  such  vote 
was  taken. 

A — 18.  Any  report  of  a  committee  of  the  council  shall  be  deferred, 
for  final  action  thereon,  to  the  next  regular  meeting  of  the  same  after 
the  report  is  made,  upon  the  request  of  any  two  aldermen  present. 

A — 19.  Special  meetings  of  the  council  may  be  called  by  its  presid- 
ing officer  or  in  such  other  manner  as  the  council  may  prescribe. 

A — 20.  Nominations  made  by  the  mayor  for  offices  which  are  sub- 
ject to  confirmation  by  the  city  council  shall  be  acted  upon  by  the  coun- 
cil at  a  regular  meeting  subsequent  to  the  one  "at  which  the  nomination 
was  submitted. 

A — 21.  No  ordinance  shall  be  passed  finally  on  the  day  it  is  intro- 
duced unless  approved  by  an  affirmative  vote  of  two-thirds  of  all  the 
members  of  the  city  council,  except  in  the  case  provided  for  in  Sec- 
tion 24. 

4 — 22.  All  ordinances  passed  by  the  city  council  shall,  before  they 
take  efifect,  be  deposited  in  the  office  of  the  city  clerk  ;  and  if  the  mayor 
approves  thereof,  he  shall  sign  the  same,  and  such  as  he  shall  not 

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approve  he  shall  return  to  the  council,  with  his  objections  thereto,  in 
writing,  at  the  next  regular  meeting  of  the  council  occurring  not  less 
than  five  days  after  the  passage  thereof.  Such  veto  may  extend  to  any 
one  or  more  items  or  appropriations  contained  in  any  ordinance  making 
an  appropriation,  or  to  the  entire  ordinance;  and  in  case  the  veto  only 
extends  to  a  part  of  such  ordinance,  the  residue  thereof  shall  take  effect 
and  be  in  force.  But  in  case  the  mayor  shall  fail  to  return  any  ordi- 
nance, with  his  objections  thereto,  by  the  time  aforesaid,  he  shall  be 
deemed  to  have  approved  such  ordinance,  and  the  same  shall  take  effect 
accordingly. 

4 — 23.  Upon  the  return  of  any  ordinance  by  the  mayor  without  his 
approval,  the  vote  by  which  the  same  was  passed  shall  be  reconsidered 
by  the  council;  21^^ ..(i,  after  such  reconsideration,  two-thirds  of  all  the 
members  elected  .he  city  council  shall  ,  agree,  by  yeas  and  nays,  to 
pass  the  same,  it  shall  go  into  effect,  notwithstanding  the  mayor  may 
refuse  to  approve  thereof.  The  vote  to  pass  the  same  over  the  mayor's 
veto  shall  be  taken  by  yeas  and  nays,  and  entered  on  the  journal, 

■^1 — 24.  If  any  ordinance  of  the  city  council  be  returned  by  the 
mayor  to  the  council  without  his  approval  the  mayor  may  submit  with  it 
a  message  stating  his  objections  thereto  and  a  substitute  ordinance  and 
if  upon  reconsideration  of  the  vote  by  which  the  original  ordinance  was 
passed,  it  fails  to  be  adopted,  such  substitute  ordinance  may  forthwith 
be  considered,  unless  two  members  of  the  council  demand  a  reference 
of  such  substitute  ordinance  to  a  committee,  and  if  such  demand  be 
made  such  substitute  ordinance  shall  be  so  referred  unless  two-thirds 
of  the  members  of  the  council  vote  in  favor  of  immediate  consideration 
thereof,  and  if  such  ordinance  receives  the  affirmative  vote  of  the  major- 
ity of  all  members  of  the  council  present  and  voting,  it  shall  take  effect 
and  be  in  force  in  lieu  of  such  vetoed  ordinance,  upon  being  deposited  in 
the  office  of  the  city  clerk  and  signed  by  the  mayor,  subject  to  the  pro- 
vision of  Section  27. 

4 — 25.  Upon  the  veto  of  any  ordinance  by  the  mayor,  if  two-thirds 
of  all  the  members  elected  to  the  city  council  fail  to  pass  the  same,  the 
veto  of  the  mayor  to  the  contrary  notwithstanding,  said  ordinance  shall 
not  again  be  considered  unless  or  until  introduced  as  an  original  ordi- 

65 


nance  at  a  subsequent  meeting;  but  this  section  shall  not  be  construed 
to  prevent  the  introduction  and  consideration  of  the  substitute  ordi- 
nance. 

4 — 26.  The  style  of  an  ordinance  shall  be  ''Be  it  ordained  by  the 
city  council  of  the  City  of  Chicago  " 

4 — 27 .  All  ordinances  imposing  any  fine,  penalty  or  imprisonment, 
and  amendments  thereto,  and  all  ordinances  making  any  appropriation 
shall  within  one  month  after  they  are  passed,  be  printed  and  published 
in  book  or  pamphlet  form  and  no  such  ordinance  shall  take  effect  until 
ten  days  after  it  is  so  published.  The  city  shall  also  publish  in  book  or 
pamphlet  form  such  ordinances  of  cities,  towns  or  villages  annexed 
to  it  at  any  time  prior  to  or  after  the  adoption  of  this  charter  as  may 
remain  in  force  after  annexation.  Such  book  or  pamphlet  shall  be  re- 
ceived as  evidence  as  in  the  next  section  provided,  /ill  ordinances  thus 
printed  and  published  shall  be  kept  on  file  in  the  office  of  the  city  clerk, 
properly  indexed,  and  copies  thereof  shall  be  distributed  as  the  city  coun- 
cil may  direct.  All  other  ordinances,  orders  and  resolutions  shall  take 
effect  from  and  after  their  approval  or  passage  over  the  veto  of  the 
mayor  unless  otherwise  provided  therein. 

4 — 28.  All  ordinances,  and  the  date  of  publication  thereof,  may  be 
proven  by  the  certificate  of  the  clerk,  under  the  seal  of  the  corporation. 
And  when  printed  in  book  or  pamphlet  form,  and  purporting  to  be  pub- 
lished by  authority  of  the  city  council,  such  book  or  pamphlet  shall  be 
received  as  evidence  of  the  passage  and  legal  publication  of  such  ordi- 
nances, as  of  the  dates  mentioned  in  such  book  or  pamphlet,  in  all  courts 
and  places  without  further  proof. 

4 — 29.  The  city  council  shall  have  the  power  to  provide  by  ordi- 
nance for  the  appointment  by  the  mayor,  with  the  approval  of  the  city 
council,  of  a  city  clerk  and  to  prescribe  his  term  and  tenure  of  office,  his 
compensation  and  his  duties. 

The  city  clerk  holding  office  when  this  charter  takes  effect,  shall 
continue  to  hold  office  until  the  expiration  of  the  term  for  which  he  has 
been  elected. 

4 — 30.  The  city  clerk  shall  act  as  clerk  of  the  city  council  and  as 
such  shall  attend  all  meetings  of  the  city  council  and  keep  a,  full  record 

66 


of  its  proceedings  in  the  journal ;  and  copies  of  all  papers  duly  filed  in  his 
office  or  transcribed  from  the  journals,  and  other  records  and  files  in  his 
office  certified  by  him  under  the  corporate  seal,  shall  be  evidence  in  all 
courts  in  like  manner  as  if  the  originals  were  produced. 

A — 31.  The  clerk  shall  record,  in  a  book  kept  for  that  purpose,  all 
ordinances  passed  by  the  city  council  and  shall  index  the  same  and  at 
the  foot  of  the  record  of  each  ordinance  so  recorded,  shall  make  a  memo- 
randum of  the  date  of  the  passage  and  of  the  publication  of  such  ordi- 
nances, which  record  and  memorandum,  or  certified  copy  thereof,  shall 
be  prima  facie  evidence  of  the  passage  and  legal  publication  of  such 
ordinances  for  all  purposes  whatsoever. 

4 —  32.  The  city  clerk  shall  have  power  to  administer  oaths  and 
affirmations  upon       lawful  occasions. 

I A 

ARTICLE  V. 
Powers  of  the  Council  in  General. 

5 —  1.  The  city  council  shall  be  the  governing  body  of  the  mu- 
nicipality. It  shall  exercise  the  corporate  powers  of  the  city,  and  shall 
be  vested  with  powers  of  local  legislation  adequate  to  a  complete  system 
of  local  municipal  government  subject  to  the  general  laws  of  the  State, 
as  by  the  next  following  section  provided. 

The  legislative  powers  of  the  city  council  shall  be  subject  to  the  pro- 
visions of  this  charter;  but  the  specification  of  particular  powers  by  this 
charter  shall  not  be  construed  as  impairing  the  general  grant  of  powers 
hereby  bestowed  except  that  no  taxes  shall  be  levied  or  imposed  by  the 
city  council  other  than  as  hereinafter  provided. 

5 — 2.  The  legislative  power  of  the  city  council  shall  be  further 
subject  to  all  existing  laws  of  the  State  not  rendered  inoperative  by  this 
charter  and  to  all  general  laws  hereafter  enacted  by  the  General  Assembly 
in  conformity  with  and  subject  to  the  constitution^  but  no  general  statute 
hereafter  enacted  relative  to  the  government  of  the  affairs  of  the  cities  of 
the  State,  or  of  cities  containing  a  stated  number  of  inhabitants  and  over, 
or  allowing  the  formation  of  new  municipal  corporations  in  any  part  of 
the  State,  shall,  in  the  absence  of  an  express  declaration  of  legislative 

67 


intent  to  the  contrary,  be  construed  as  applying  to  or  operative  within 
the  City  of  Chicago. 

5 — 3.  The  city  council  may  provide  for  the  carrying  into  effect  of 
any  of  its  powers  by  the  creation  of  an  appropriate  official  organization 
and  by  the  delegation  of  adequate  executive  and  administrative  powers 
and  duties,  subject  to  the  provisions  of  this  charter. 

5 —  4.  Whenever  this  charter  makes  any  provisions  or  regulations 
with  regard  to  a  matter,  the  regulation  of  which  the  legislature  has  power 
to  delegate  to  the  city  council,  the  city  council  may  adopt  an  ordinance 
regulating  such  matter  in  whole  or  in  part,  and  submit  to  the  voters  of 
the  city,  in  the  manner-  provided  for  the  submission  of  propositions  to 
popular  vote,  the  question  whether  the  provisions  of  the  charter  (which 
shall  be  designated  in  the  ordinance  by  title,  article,  chapter,  and  section 
as  the  case  may  be)  regulating  such  subject  matter  shall  be  discontinued 
and  the  ordinance  adopted  by  the  city  council  be  substituted  in  their  stead. 
If  the  voters  of  the  city  shall  vote  in  favor  of  such  discontinuance  and 
substitution,  the  provisions  of  the  charter  so  designated  shall  from  thence- 
forth be  inoperative  within  the  city,  and  the  ordinance  so  adopted  shall 
take  effect.  No  ordinance  amending  or  repealing  such  ordinance  or 
amending  or  repealing  any  ordinance  that  may  subsequently  be  substi- 
tuted for  it,  shall  go  into  effect  until  such  ordinance  shall  have  been 
approved  by  a  majority  of  the  voters  of  the  city  voting  upon  the 
question. 

This  section  shall  not  apply  to  the  provisions  on  taxation  or  to  the 
article  on  public  utilities,  or  to  the  provisions  vesting  the  control  of  the 
school  system  of  the  city  in  a  board  of  education,  or  to  any  provisions 
of  this  charter  expressly  prohibiting  or  restraining  the  exercise  of  particu- 
lar powers  by  the  city  or  any  department  or  officer  thereof. 

ARTICLE  VI. 
Officers. 

6 —  1.  In  addition  to  the  officers  provided  for  by  this  charter,  or 
heretofore  created  by  ordinance,  the  city  council  may  in  its  discretion 
from  time  to  time  by  ordinance  passed  by  a  vote  of  a  majority  of  all  the 
aldermen  elected,  provide  for  the  election,  by  the  legal  voters  of  the  city, 

68 


or  the  appointment  by  the  mayor  with  the  approval  of  the  city  council, 
of  all  such  officers  as  may,  by  the  council,  be  deemed  necessary  or  ex- 
pedient. The  city  council  may  by  a  like  vote,  by  ordinance  or  resolution 
to  take  effect  at  the  end  of  the  then  fiscal  year,  discontinue  any  office 
heretofore  or  hereafter  created  by  ordinance,  and  devolve  the  duties 
thereof  on  any  other  city  officer ;  and  no  officer  filling  any  such  office  so 
discontinued  shall  have  any  claim  against  the  city  on  account  of  his  salary 
after  such  discontinuance. 

Any  powers  by  this  charter  conferred  or  duties  imposed  upon  any 
officers  created  by  ordinance  shall,  if  the  office  designated  by  the  charter 
shall  be  abolished  by  the  city  council,  be  performed  by  the  officer  or 
officers  upon  whom  the  powers  and  duties  of  the  office  abolished  are 
devolved. 

6—2.  The  term  officer , as  used  in  this  charter  shall  refer  to  the  in- 
cumbent of  any  place  or  position  under  the  city  government  held  for  a 
fixed  term  of  years.  The  term  employe  shall  refer  to  any  person  holding 
any  position  in  the  classified  service  of  the  city.  The  term  municipal 
officer  or  employe  shall  include  judges,  officers  and  employes  of  the  mu- 
nicipal court.  This  rule  of  construction  shall  not  apply  where  the  context 
clearly  requires  a  different  interpretation. 

6—3.  All  officers  of  the  city,  except  as  expressly  otherwise  provided, 
shall  be  appointed  by  the  mayor  (and  vacancies  in  all  offices  except  the 
offices  of  the  mayor  and  aldermen  and  of  the  judges  and  other  officers  of 
the  muncipal  court  shall  be  filled  by  like  appointment)  by  and  with  the 
advice  and  consent  of  the  city  council. 

The  city  council  may  by  ordinance  not  inconsistent  with  the  pro- 
visions of  this  act  prescribe  the  duties  and  define  the  powers  of  all  such 
officers,  together  with  the  term  of  any  such  office  and  provided  that  no 
term  of  office  so  prescribed  shall  exceed  four  years. 

Wherever  any  office  is  created  to  be  held  for  a  fixed  term,  the  incum- 
bent of  such  office  shall  hold  such  office  until  the  expiration  of  his  term 
and  until  his  successor  shall  be  elected  or  appointed  and  shall  have  quali- 
fied. 

6—4.  No  person  shall  be  eligible  to  any  office  other  than  that  of 
superintendent  of  education,  who  shall  not  have  resided  in  the  city  at 

69 


least  one  year  preceding  his  election  or  appointment,  and  no  person  shall 
be  eligible  to  any  office  other  than  an  office  in  the  department  of  Educa- 
tion, who  shall  not  be  a  qualified  elector  of  the  City. 

6—5.  No  officer  or  employe  shall  be  directly  or  indirectly  interested 
in  any  contract,  work  or  business  of  the  city,  or  the  sale  of  any  article, 
the  expense,  price  or  consideration  of  which  is  paid  from  the  treasury, 
or  by  any  assessment  levied  by  any  act  or  ordinance ;  nor  in  the  purchase 
of  any  real  estate  or  other  property  belonging  to  the  city  or  which  shall 
be  sold  for  taxes  or  assessments,  or  by  virtue  of  legal  process  at  the 
suit  of  said  city. 

6—6.    Every  person  who  shall  promise,  ofifer  or  give,  or  cause,  or 
aid,  or  abet  in  causing  to  be  promised,  offered  or  given,  or  furnish  or 
agree  to  furnish  in  whole  or  in  part,  to  be  promised,  offered  or  given  to 
any  member  of  the  city  council,  or  any  officer  or  employe  of  the  city, 
after  or  before  his  election  or  appointment  as  such  officer  or  employe, 
any  moneys,  goods,  right  in  action,  or  other  property  or  anything  of 
value,  or  of  pecuniary  advantage,  present  or  prospective,  with  intent  to 
influence  his  vote,  opinion,  judgment  or  action  on  any  question,  matter, 
cause  or  proceeding  which  may  be  then  pending,  or  may  by  law  be  brought 
before  him  in  his  official  capacity,  shall  upon  conviction,  be  im.prisoned  in 
the  penitentiary  for  a  term  not  exceeding  two  years,  or  shall  be  fined  not 
exceeding  $5,000,  or  both,  in  the  discretion  of  the  court.    Every  officer 
or  employe  who  shall  accept  any  such  gift  or  promise,  or  undertaking 
to  make  the  same  under  any  agreement  or  understanding  that  his  vote, 
opinion,  judgment  or  action  shall  be  influenced  thereby,  or  shall  be  given 
in  any  question,  matter,  cause  or  proceeding  then  pending,  or  which  may 
by  law  be  brought  before  him  in  his  official  capacity,  shall,  upon  con- 
viction, be  disqualified  from  holding  any  public  office,  trust  or  appoint- 
ment under  the  city,  and  shall  forfeit  his  office,  and  shall  be  punished 
by  imprisonment  in  the  penitentiary  not  exceeding  two  years,  or  by  a 
fine  not  exceeding  $5,000,  or  both,  in  the  discretion  of  the  court.  Every 
person  ofifending  against  either  of  the  provisions  of  this  section,  shall 
be  a  competent  witness  against  any  other  person  ofifending  in  the  same 
transaction,  and  may  be  compelled  to  appear  and  give  evidence  before 
any  grand  jury  or  in  any  court  in  the  same  manner  as  other  persons;  but 

70 


the  person  so  testifying  shall  not  be  prosecuted  or  subject  to  any  penalty 
or  forfeiture  for  or  on  account  of  any  transaction,  matter  or  thing  con- 
cerning which  he  may  give  evidence. 

6 — 7.  No  municipal  officer  or  employe  shall  directly  or  indirectly 
ask  for,  demand  or  accept  for  his  own  use  or  for  the  use  of  another,  any 
free  pass,  frank,  gratuity,  gratuitous  service  or  discrimination  from  any 
person  or  corporation  holding  or  using  any  franchise,  privilege  or  special 
license  granted  by  the  city,  and  whose  business  is  confined  to  the  City 
of  Chicago;  but  this  prohibition  shall  not  extend  to  the  furnishing  of 
free  transportation  to  members  of  the  police  and  fire  departments  while 
on  duty,  or  to  letter  carriers  of  the  government  in  uniform.  Any  mu- 
nicipal officer  or  employe  soliciting  or  accepting  any  such  pass,  frank, 
gratuity,  gratuitous  service  or  discrimination,  or  any  person  or  corpora- 
tion holding  or  using  such  franchise,  privilege  or  license  or  any  officer 
thereof,  granting  or  offering  the  same,  shall  be  guilty  of  a  misdemeanor, 
and  shall  be  punished  as  provided  by  law. 

6 — 8.  In  case  the  mayor  or  any  other  municipal  officer  or  employe 
shall  at  any  time  be  guilty  of  a  palpable  omission  of  duty,  or  shall  wil- 
fully and  corruptly  be  guilty  of  oppression,  misconduct  or  misfeasance 
in  the  discharge  of  the  duties  of  his  office,  he  shall  be  liable  to  indict- 
ment in  any  court  of  competent  jurisdiction  and,  on  conviction,  shall  be 
fined  in  a  sum  not  exceeding  $1,000;  and  the  court  in  which  such  con- 
viction shall  be  had  shall  enter  an  order  removing  such  officer  from 
office. 

6—9.  The  city  council  and  any  committee  thereof  dul}-  thereunto 
authorized  by  the  city  council  shall  have  the  power  to  investigate  any  de- 
partment of  the  city  government,  and  the  official  acts  and  conduct  of  any 
officer  or  employe,  and  the  negotiation,  terms  and  performance  of  any 
public  contract  and  for  the  purpose  of  ascertaining  the  facts  in  connection 
with  such  investigation  to  compel  the  attendance  and  testimony  of  wit- 
nesses, and  the  production  of  relevant  documents  and  books,  in  the  same 
manner  as  such  power  is  given  to  the  civil  service  commission  for  the 
purpose  of  conducting  investigations  instituted  by  it. 

6—10.  The  mayor  and  the  city  treasurer  shall  hold  no  other  office 
under  the  city  government  during  their  respective  terms  of  office.  The 

71 


city  council  may  create  similar  disqualifications  with  regard  to  any  office 
established  by  ordinance. 

All  officers  and  employes  of  the  city  shall  be  exempt  from  jury 
service. 

6  11.    All  appointive  city  officers  and  the  city  treasurer  shall  be 

commissioned  by  warrant  under  the  corporate  seal,  signed  by  the  mayor 
and  (except  in  the  case  of  the  city  clerk's  commission)  countersigned  by 
the  city  clerk.  The  certificates  of  election  issued  to  the  mayor  and  the 
aldermen  shall  stand  in  place  of  their  commissions. 

Any  person  ceasing  to  hold  office  shall  within  five  days  after  notifica- 
tion and  request  deliver  to  his  successor  in  office  all  property,  books  and 
effects  of  every  description  in  his  possession,  belonging  to  the  city  or 
appertaining  to  his  office ;  and  upon  his  refusal  to  do  so  shall  be  liable  for 
all  damages  caused  thereby  and  to  such  penalty  as  may  by  ordinance  be 
prescribed. 

6—12.  All  city  officers  (other  than  clerical  employes),  whether 
elective  or  appointed,  shall  before  entering  upon  the  duties  of  their  re- 
spective offices,  take  and  subscribe  the  following  oath  or  affirmation: 

"I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will 
support  the  constitution  of  the  United  States  and  the  constitution  of  the 
State  of  Illinois,  and  that  I  will  faithfully  discharge  the  duties  of  the 

office  of  according  to  the  best  of  my  ability,"  which 

oath  or  affirmation  so  subscribed  shall  be  filed  in  the  office  of  the  city 
clerk. 

6 — 13.  The  city  council  shall  have  the  power  to  require  bonds  of 
any  municipal  officer  or  employe,  and  fix  the  amount  and  penalty  thereof ; 
and  the  security  of  any  bond  shall  be  approved  by  the  city  council  or 
by  some  officer  designated  by  it.  A  bond  so  required  to  be  executed 
shall  be  filed  in  the  office  of  the  city  clerk  before  the  officer  shall  enter 
upon  the  duties  of  his  office,  except  that  the  bond  of  the  city  clerk  shall 
be  filed  with  the  city  treasurer.  The  city  council  shall  also  have  the 
power  to  require  the  giving  of  additional  bonds  and  to  increase  or  de- 
crease the  amount  and  penalty  of  the  bond  of  any  officer  or  employe 
and  to  require  the  giving  of  a  new  bond  where  the  security  of  an  original 
bond  has  become  either  insufficient  or  in  any  way  impaired,  upon  penalty 

72 


of  removal  from  office.  The  power  vested  in  the  city  council  by  this 
section  shall  be  so  administered  as  to  protect  the  interests  of  the  city 
from  danger  of  financial  loss,  and  shall  never  be  used  as  a  means 
of  removing  any  person  from  the  civil  service  of  the  city  without  a  hear- 
ing before  the  civil  service  commission  in  accordance  with  law. 

In  such  case  the  city  employe  or  official  whose  office  is  sought  to  be 
declared  vacant  by  reason  of  a  failure  to  give  a  new,  additional  or  m- 
creased  bond,  shall  have  the  right  to  have  a  hearing  before  the  civil 
service  commission  upon  the  question  of  his  removal. 

6—14.  All  officers  or  employes  required  to  give  bonds  may  offer  as 
surety  or  sureties  on  their  bonds,  a  surety  company  or  companies  author- 
ized to  do  business  in  this  State  under  the  laws  thereof,  to  be  approved  by 
the  comptroller  (but  in  which  the  comptroller  shall  not  be  interested), 
and  the  city  council  may  in  its  discretion  provide  that  the  expense  of  any 
such  bond  be  met  out  of  the  appropriation  for  the  department  to  which 
such  officer  belongs,  such  expense  not  to  exceed  half  of  one  per  cent  per 
annum  on  the  amount  of  such  bond. 

6—15.  An  official  bond  not  executed  in  accordance  with  legal  re- 
quirements shall  nevertheless  be  enforceable  against  the  obligor  and  his 
surety  or  sureties;  nor  shall  the  execution  of  a  new  or  additional  bond 
affect  the  old  bond  or  the  liability  of  the  sureties  thereon. 

6—16.  The  compensation  of  all  the  city  officers  and  employes  (other 
than  such  as  are  employed  for  less  than  a  year)  except  as  in  this  charter 
otherwise  provided,  shall  be  by  salary  to  be  fixed  by  the  city  council  by 
the  annual  appropriation  ordinance,  and  the  compensation  of  no  officer 
or  employe  (other  than  as  before  specified)  shall  be  altered  during  the 
same  fiscal  year.  No  officer  or  employe  shall  be  allowed  any  fees,  per- 
quisites, emoluments  or  any  rewards  or  compensation  aside  from  his 
salary,  but  all  fees  received  by  him  in  connection  with  his  official  duties 
shall  be  paid  by  him  into  the  city  treasury. 

6—17.  The  city  council  may  by  ordinance  provide  in  regard  to  the 
relation  between  the  officers  and  employes  of  the  city  in  respect  to  each 
other,  the  city  and  the  public,  and  may  provide  for  reasonable  fines  for 
the  violation  of  regulations  made  in  that  behalf.  The  city  council  shall 
by  ordinance  make  rules  and  regulations  not  conflicting  with  law  or  with 

73 


any  general  ordinance  for  the  government  of  every  city  department,  and 
for  regulating  the  conduct  and  action  of  the  employes  in  said  department, 
which  may  be  amended  from  time  to  time.  The  head  of  each  department 
shall  furnish  every  employe  or  member  of  his  department  with  a  copy  of 
such  rules  arid  regulations. 

ARTICLE  VII. 

Civil  Service. 

7 — 1.  There  shall  be  a  civil  service  commission  consisting  of  three 
members  who  shall  be  appointed  by  the  Mayor  by  and  with  the  advice 
and  consent  of  the  city  council. 

The  mayor  shall  appoint  a  commissioner  in  place  of  the  commissioner 
whose  term  of  office  would  have  expired  within  one  year^^^fter  this  charter 
takes  effect,  for  a  term  of  two  years;  a  commissioner  in  place  of  the 
commissioner  whose  term  of  office  would  have  expired  within  the  year 
next  following,  for  a  term  of  four  years;  and  a  commissioner  in  place 
of  the  commissioner  whose  term  of  office  would  haxe  expired  within  one 
year  thereafter,  for  a  term  of  six  years ;  and  upon  the  expiration  of  the 
term  of  office  of  each  commissioner  so  appointed  his  successor  shall  be 
appointed  for  a  term  of  six  years. 

Two  commissioners  shall  constitute  a  quorum.  All  appointments 
to  said  commission  shall  be  so  made  that  not  more  than  two  members 
shall,  at  the  time  of  appointment,  be  members  of  the  same  political  party. 
Said  commissioners  shall  hold  no  other  lucrative  office  or  employment 
under  the  United  States,  the  State  of  Illinois,  or  any  municipal  corpora- 
tion or  political  division  thereof.  Each  commissioner,  before  entering 
upon  the  duties  of  his  office,  shall  take  the  oath  prescribed  by  the  con- 
stitution of  this  State* 

7 — 2.  All  offices  and  places  of  employment  heretofore  classified  shall 
remain  classified,  and  the  commissioners  shall  classify  all  other  municipal 
offices  and  places  of  employment,  created  or  authorized  by  the  provisions 
of  this  act  or  amendments  thereto,  with  reference  to  the  examinations 
hereinafter  provided  for,  except  those  offices  and  places  mentioned  in 
Section  11  of  this  article.    The  offices  and  places  so  classified  by  the 

74 


commission  shall  constitute  the  classified  civil  service  of  such  city ;  and  no 
appointments  to  any  of  such  offices  or  places  shall  be  made  except  under 
and  according  to  the  rules  hereinafter  mentioned. 

7_3.  All  rules  heretofore  made  by  the  commission  and  now  in  force 
shall  remain  in  force  until  repealed  or  altered,  and  the  commission  shall 
have  power  to  make  and  alter  rules  to  carry  out  the  purposes  of  this 
article,  and  for  examinations,  appointments  and  removals  in  accordance 
with  its  provisions,  and  the  commission  may,  from  time  to  time,  make 
changes  in  the  original  rules. 

7_4.  All  changes  in  rules  shall  forthwith  be  printed  for  distribu- 
tion by  said  commission;  and  the  commission  shall  give  notice  of  the 
place  or  places  where  said  rules  may  be  obtained  by  publication  in  one 
or  more  daily  newspapers  published  in  the  city,  and  in  each  such  publica- 
tion shall  be  specified  the  date,  not  less  than  ten  days  subsequent  to  the 
date  of  such  publication  when  said  rules  shall  go  into  operation. 

7—5.    All  applicants  for  offices  or  places  in  said  classified  service, 
except  those  mentioned  in  section  eleven,  shall  be  subjected  to  examina- 
tion, which  shall  be  pubHc,  competitive  and  free  to  all  citizens  of  the 
United  States,  with  specified  limitations  as  to  residence,  health,  habits  and 
moral  character.    Such  examinations  shall  be  practical  in  their  character, 
and  shall  relate  to  those  matters  which  will  fairly  test  the  relative  capacity 
of  the  persons  examined  to  discharge  the  duties  of  the  position  to  which 
they  seek  to  be  appointed,  and  shall  include  tests  of  physical  qualification 
and  health,  and  when  appropriate,  of  manual  skill.    No  questions  in  any 
examination  shall  relate  to  political  or  religious  opinions  or  affiliations. 
The  commission  shall  control  all  examinations,  and  may,  whenever  an 
examination  is  to  take  place,  designate  a  suitable  number  of  persons, 
either  in  or  not  in  the  official  service  of  the  city,  to  be  examiners,  and 
it  shall  be  the  duty  of  such  examiners,  and,  if  in  the  official  service,  it 
shall  be  a  part  of  their  official  duty  without  extra  compensation,  to  conduct 
such  examination  as  the  commission  may  direct,  and  to  make  return  or 
report  thereof  to  said  commission,  and  the  commission  may  at  any  time 
substitute  any  other  person,  whether  or  not  in  such  service,  in  the  place 
of  any  one  so  selected ;  and  the  commission  may  themselves  at  any  time 
act  as  such  examiners,  and  without  appointing  examiners.    The  ex- 

75 


aniiners  at  any  examination  shall  not  all  be  members  of  the  same  ixjlilical 
party. 

7 — 6.  Notice  of  time  and  place  and  general  scope  of  every  examina- 
tion shall  be  given  by  the  commission  by  publication  two  weeks  preceding 
such  examination  in  a  daily  newspaper  of  general  circulation  published 
in  the  city,  and  such  notice  shall  also  be  posted  by  said  commission  in  a 
conspicuous  place  in  their  office  for  two  weeks  before  such  examination. 
Such  further  notice  of  examination  may  be  given  as  the  commission  shall 
prescribe. 

7 — 7.  From  the  returns  or  reports  of  the  examiners,  or  from  the 
examinations  made  by  the  commission,  the  commission  shall  prepare  a 
register  for  each  grade  or  class  of  positions  in  the  classified  service  of  the 
city  of  the  persons  whose  general  average  standing  upon  examination  for 
such  grade  or  class  is  not  less  than  the  minimum  fixed  by  the  rules  of 
such  commission,  and  who  are  otherwise  eligible ;  and  such  persons  shall 
take  rank  upon  the  register  as  candidates  in  the  order  of  their  relative 
excellence  as  determined  by  examination,  without  reference  to  priority  of 
time  of  examination. 

7 — 8.  The  commission  shall,  by  its  rules,  provide  for  promotions  in 
such  classified  service,  and  shall  provide  that  vacancies  shall  be  filled  by 
promotion,  in  all  cases  where,  in  the  judgment  of  the  commission,  it  shall 
be  for  the  best  interests  of  the  service  so  to  fill  such  vacaticy.  If,  in 
the  judgment  of  the  commission,  it  is  not  for  the  best  interests  of  the 
service  to  fill  such  vacancy  by  promotion,  then  such  vacancy  shall  be 
filled  by  an  original  entrance  examination;  provided,  however,  that  the 
commission  shall  in  its  rules  fix  upon  a  credit  based  upon  seniority  and 
ascertained  merit  in  service  to  be  given  to  all  employes  in  the  classified 
service  in  line  of  promotion  who  submit  themselves  to  such  original  ex- 
amination. All  promotional  examinations  shall  be  limited  to  such  mem- 
bers of  the  next  lower  rank  or  grade  as  desire  to  siibmit  themselves  to 
such  examination.  The  method  of  examination  and  the  rules  governing 
the  same  and  the  method  of  certifying  shall  be  the  same  as  provided  for 
applicants  for  original  appointments. 

7 — 9.  The  head  of  the  department  or  office  in  which  a  position 
classified  under  this  act  is  to  be  filled  shall  notify  said  commission  of  that 

76 


fact,  and  said  commission  shall  certify  to  the  appointing  officer  the  name 
and  address  of  the  candidate  standing  highest  upon  the  register  for  the 
class  or  grade  to  which  said  position  belongs,  except  that,  in  cases  of 
laborers  where  a  choice  by  competition  is  impracticable,  said  commission 
may  provide  by  its  rules  that  the  selections  shall  be  made  by  lot  from 
among  those  candidates  proved  fit  by  examination.  In  making  such 
certification  sex  shall  be  disregarded,  except  when  some  statute,  the 
rules  of  said  commission  or  the  appointing  power  specifies  sex.  The 
appointing  officer  shall  notify  said  commission  of  each  position  to  be 
filled  separately,  and  shall  fill  such  place  by  the  appointment  of  the  person 
certified  to  him  by  said  commission  therefor,  which  appointment  shall  be 
on  probation  for  a  period  to  be  fixed  by  said  rules.  Said  commission 
may  strike  off  names  of  candidates  from  the  register  after  they  have 
remained  thereon  more  than  two  years.  At  or  before  the  expiration  of 
the  period  of  probation  the  head  of  the  department  or  office  in  which  a 
candidate  is  employed  may,  by  and  with  the  consent  of  said  commission, 
discharge  him  upon  assigning  in  writing  his  reason  therefor  to  said  com- 
mission. If  he  is  not  then  discharged  his  appointment  shall  be  deemed 
complete.  To  prevent  the  stoppage  of  public  business,  or  to  meet  ex- 
traordinary exigencies,  the  head  of  any  department  or  office  may,  with 
the  approval  of  the  commission,  make  temporary  appointments  to  re- 
main in  force  not  exceeding  sixty  days,  and  only  until  regular  appoint- 
ments under  the  provisions  of  this  article  can  be  made. 

7 — 10.  Persons  who  were  engaged  in  the  military  or  naval  service 
of  the  United  States  during  the  years  1861,  1862,  1863,  1864,  1865  or 
189.8,  and  who  were  honorably  discharged  therefrom,  shall  be  preferred 
for  appointment  to  civil  offices,  provided  they  are  found  to  pos- 
sess the  business  capacity  necessary  for  the  proper  discharge  of  the  duties 
of  such  office,  and  it  shall  be  the  duty  of  the  examiner  or  commissioner 
certifying  the  lists  of  eligibles  who  have  taken  the  examination  provided 
for  in  this  act,  to  place  the  name  or  names  of  such  persons  at  the  head  of 
the  list  of  eligibles  certified  for  appointment. 

7 — 11.  Officers  who  are  elected  by  the  people,  or  who  are  elected 
by  the  city  council,  or  w^hose  appointment  is  subject  to  confirmation  by 
the  city  council,  judges  and  clerks  of  election,  members  of  the  board  of 

77 


education,  the  superintendent,  principals  and  teachers  of  schools,  the 
superintendent  of  parks,  heads  of  any  principal  department  of  the  city, 
members  of  the  law  department  other  than  clerks  and  stenographers,  all 
secretaries  and  stenographers  actually  performing  service  to  the  mayor, 
shall  not  be  included  in  such  classified  service. 

7 — 12.  No  person  shall  be  removed  from  the  classified  civil  service 
nor  reduced  in  grade  or  compensation,  except  as  hereinafter  provided. 

Whenever  it  will  promote  the  efficiency  of  the  service,  removals  from 
the  classified  service  or  reductions  in  grade  or  compensation,  or  both, 
may  be  made  in  any  department  of  such  service  by  the  appointing  power 
in  the  manner  following:  The  person  sought  to  be  removed  shall  be 
served  with  a  copy  of  the  order  of  removal  and  notice  of  suspension  from 
such  service,  and  also  written  specifications ;  and  such  person  shall  have 
not  less  than  three  nor  more  than  seven  days  to  answer  the  same  in 
writing.  A  copy  of  the  order,  specifications  and  answer,  if  any,  shall 
be  filed  with  the  commission,  which  shall  promptly  approve  or  disapprove 
of  such  order.  Said  commission  may  in  its  discretion  investigate  any 
removal  or  reduction,  or  may  appoint  some  officer  or  investigating  board 
to  conduct  such  investigation,  who  shall  thereupon  investigate  any  such 
case  which  the  commission  has  reason  to  believe  has  not  been  made  for 
the  purpose  and  in  the  manner  herein  provided.  Such  suspensions  shall 
be  without  pay,  provided,  however,  that  said  commission  in  case  of  dis- 
approval may  direct  that  pay  shall  be  restored. 

Reductions  in  grade  or  compensation,  or  both,  shall  be  made  in  the 
like  manner,  as  near  as  may  be,  but  without  suspension  pending  such 
approval  or  disapproval.  A  copy  of  said  papers  in  each  case  shall  be 
made  a  part  of  the  record  of  the  division  of  the  service  in  which  the 
removal  or  reduction  is  made.  No  removal  or  reduction  shall  be  ef- 
fective if  disapproved  by  the  commission.  All  decisions  by  said  commis- 
sion or  of  the  investigating  officers,  or  board,  when  approved  by  said 
commission,  shall  be  final,  and  shall  be  certified  to  the  appointing  officer 
and  shall  be  forthwith  enforced  by  such  officer.  Nothing  in  this  act 
shall  limit  the  power  of  any  officer  to  suspend  a  subordinate  without  pay 
for  cause  assigned  in  writing,  a  copy  of  which  shall  be  delivered  to  such 
subordinate.    Such  suspension  shall  be  for  a  reasonable  period,  not  ex- 

78 


ceeding  thirty  days.  In  the  course  of  any  investigation  provided  for  in 
this  section,  each  member  of  the  commission  shall  have  the  power  to 
administer  oaths,  and  said  commission  shall  have  the  power  to 
secure  by  its  subpoena  both  the  attendance  and  testimony  of  witnesses, 
and  the  production  of  books  and  papers  relevant  to  such  investigation. 

Nothing  in  this  section  shall  be  construed  to  require  charges  or  in- 
vestigations in  the  case  of  laborers. 

7 — 13.  Immediate  notice  in  writing  shall  be  given  by  the  appointing 
power,  to  said  commission,  of  all  appointments,  permanent  or  temporary, 
made  in  such  classified  civil  service,  and  all  transfers,  promotions,  resig- 
nations, or  vacancies  from  any  cause  in  such  service,  and  of  the  date 
thereof;  and  a  record  of  the  same  shall  be  kept  by  said  commission. 
When  any  office  or  place  of  employment  is  created  or  abolished,  or  the 
compensation  attached  thereto  altered,  the  officer  or  board  making  such 
change  shall  immediately  report  it  in  writing  to  said  commission. 

7 — 14.  The  commission  shall  investigate  the  enforcement  of  this 
act  and  of  its  rules,  and  the  action  of  the  examiners  herein  provided  for, 
and  the  conduct  and  action  of  the  appointees  in  the  classified  service 
in  the  city,  and  may  inquire  as  to  the  nature,  tenure  and  compensation 
of  all  offices  and  places  in  the  public  service  thereof.  In  the  course  of 
such  investigations  each  commissioner  shall  have  power  to  administer 
oaths,  and  said  commission  shall  have  power  to  secure  by  its  subpoena 
both  the  attendance  and  testimony  of  witnesses  and  the  production  of 
books  and  papers  relevant  to  such  investigation. 

7 — 15.  Said  commission  shall,  on  or  before  the  fifteenth  day  of 
January  of  each  year,  make  to  the  mayor  for  transmission  to  the  city 
council  a  report  showing  its  own  action,  the  rules  in  force,  the  practical 
effects  thereof,  and  any  suggestions  it  may  approve  for  the  more  effectual 
accomphshment  of  the  purpose  of  this  article.  The  mayor  may  require 
a  report  from  said  commission  at  any  other  time. 

7 — 16.  Said  commission  shall  appoint  a  chief  examiner,  whose  duty 
it  shall  be,  under  the  direction  of  the  commission,  to  superintend  any 
examination  held  in  the  city  under  this  article,  and  who  shall  perform 
such  other  duties  as  the  commission  shall  prescribe.  The  chief  examiner 
shall  be  ex  officio  secretary  of  said  commission,  under  the  direction  of 

79 


such  coinniissioii ;  he,  as  such  secretary,  shall  keep  the  minutes  of  its 
proceedings,  preserve  all  reports  made  to  it,  keep  a  record  of  all  examina- 
tions held  under  its  direction,  and  perform  sucli  other  duties  as  the  com- 
mission shall  prescribe. 

7 — 17.  All  officers  of  the  city  shall  aid  said  commission  in  all  proper 
ways  in  carrying  out  the  provisions  of  this  act,  and  at  any  place  where 
examinations  are  to  be  held  shall  allow  reasonable  use  of  public  build- 
ings for  holding  such  examinations.  The  mayor  of  the  city  shall  cause 
suitable  rooms  to  be  provided  for  said  commission  at  the  expense  of 
the  city. 

7 — 18.  The  salary  of  each  of  said  commissioners  shall  be  fixed  by 
ordinance  at  not  less  than  three  thousand  dollars  per  year ;  and  the  salary 
of  the  chief  examiner  shall  be  fixed  by  ordinance.  Any  person  not  at 
the  time  in  the  official  service  of  the  city,  serving  as  a  member  of  the 
board  of  examiners  or  of  a  trial  board,  shall  receive  compensation  for 
every  day  actually  and  necessarily  spent  in  the  discharge  of  his  duty  as 
an  examiner  or  a  member  of  the  trial  board,  at  the  rate  of  five  dollars 
per  day,  and  said  commission  may  also  incur  expenses  not  exceeding  five 
thousand  dollars  per  year,  for  clerk  hire,  printing,  stationery  and  other 
incidental  matters. 

7 — 19.  A  sufficient  sum  of  money  shall  be  appropriated  each  year 
to  carry  out  the  provisions  of  this  article  in  the  city. 

7 — 20.  No  person  or  "officer  shall  wilfully  or  corruptly  by  himself 
or  in  co-operation  with  one  or  more  other  persons,  defeat,  deceive  or 
obstruct  any  person  in  respect  to  his  or  her  right  of  examination,  or  cor- 
ruptly or  falsely  mark,  grade,  estimate  or  report  upon  the  examination 
or  proper  standing  of  any  person  examined  hereunder  or  aid  in  so  doing, 
or  wilfully  or  corruptly  make  any  false  representation  concerning  the 
same,  or  concerning  the  person  examined,  or  wilfully  or  corruptly  furnish 
to  any  person  any  special  or  secret  information  for  the  purpose  of  either 
improving  or  injuring  the  prospects  or  chances  of  any  person  so  examined 
or  to  be  examined,  being  appointed,  employed  or  promoted. 

7 — 21.  No  applicant  for  examination  for  any  office  or  place  of 
employment  in  said  classified  service  shall  wilfully  or  corruptly,  by  him- 
self or  in  co-operation  with  one  or  more  other  persons  deceive  the  said 


commission  with  reference  to  his  identity,  or  wilfully  or  corruptly  make 
false  representations  in  his  application  for  examination,  or  commit  any 
fraud  for  the  purpose  of  improving  his  prospects  or  chances  in  such 
examination. 

7 — 22.  No  officer  or  employe  of  such  city  shall  solicit,  orally  or  by 
letter,  or  receive  or  pay,  or  be  in  any  manner  concerned  in  soliciting,  re- 
ceiving or  paying,  any  assessment,  subscription  or  contribution  for  any 
party  or  political  purpose  whatever. 

7 — 23.  No  person  shall  solicit,  orally  or  by  letter,  or  be  in  any  man- 
ner concerned  in  soliciting  any  assessment,  contribution  or  payment,  for 
any  party  or  any  political  purpose  whatever,  from  any  officer  or  employe 
in  any  department  of  the  city  government. 

7 — 24.  No  person  shall  in  any  room  or  building  occupied  for  the 
discharge  of  official  duties  by  any  officer  or  employe  solicit,  orally  or  by 
written  communication,  delivered  therein,  or  in  any  other  manner,  or 
receive  any  contribution  of  money  or  other  thing  of  value,  for  any  party 
or  political  purpose  whatever.  No  officer,  agent,  clerk  or  employe  under 
the  ^"^overnment  of  the  city,  who  may  have  charge  or  control  of  any 
building,  office  or  room,  occupied  for  any  purpose  of  said  government, 
shall  permit  any  person  to  enter  the  same  for  the  purpose  of  therein 
soliciting  or  delivering  written  solicitations  for  receiving  or  giving  notice 
of  any  political  assessments. 

7 — 25.  No  officer  or  employe  in  the  service  of  the  city  shall,  directly 
or  indirectly,  give  or  hand  over  to  any  officer  or  employe  in  said  service, 
or  to  any  senator  or  representative  or  alderman,  councilman  or  com- 
missioner, any  money  or  other  valuable  thing,  on  account  of  or  to  be 
appHed  to  the  promotion  of  any  party  or  political  object  whatever. 

7 — 26.  No  officer  or  employe  of  the  city  shall  discharge  or  degrade 
or  promote,  or  in  any  manner  change  the  official  rank  or  compensation 
of  any  other  officer  or  employe,  or  promise  or  threaten  to  do  so  for  giving 
or  withholding  or  neglecting  to  make  any  contribution  of  money  or  other 
valuable  thing  for  any  party  or  political  purpose,  or  for  refusal  or  neglect 
to  render  any  party  or  political  service. 

7 — 27.  No  applicant  for  appointment  in  said  classified  civil  service, 
either  directly  or  indirectly,  shall  pay,  or  promise  to  pay  any  money 

81 


4 


or  other  valuable  thing  to  any  person  whatever  for  or  on  account  of  his 
appointment,  or  proposed  appointment,  and  no  officer  or  employe  shall 
l)ay  or  promise  to  pay,  cither  directly  or  indirectly,  any  person  any 
money  or  other  valuable  thing  whatever  for  or  on  account  of  his  promo- 
tion. 

7 — 28.  No  applicant  for  appointment  or  promotion  in  said  classified 
civil  service  shall  ask  for  or  receive  a  recommendation  or  assistance  from 
any  officer  or  employe  in  said  service,  or  of  any  person  upon  the  con- 
sideration of  any  political  service  to  be  rendered  to  or  for  such  person 
or  for  the  promotion  of  such  person  to  any  office  of  appointment. 

7 — 29.  No  person,' while  holding  any  office  in  the  government  of  the 
city,  or  in  nomination  for,  or  while  seeking  a  nomination  for,  or  appoint- 
ment to  any  such  office,  shall  corruptly  use  or  promise  to  use,  either  directly 
or  indirectly,  any  official  authority  or  influence  (whether  then  possessed 
or  merely  anticipated)  in  the  way  of  conferring  upon  any  person,  or  in 
order  to  secure  or  aid  any  person  in  securing  any  office  or  public  employ- 
ment, or  any  nomination,  confirmation,  promotion  or  increase  of  salary 
upon  the  consideration  or  condition  that  the  vote  or  political  influence  or 
action  of  the  last  named  person  or  any  other  shall  be  given  or  used  in 
behalf  of  any  candidate,  officer  or  party,  or  upon  any  other  corrupt  con- 
dition or  consideration. 

7 — 30.  No  accounting  or  auditing  officer  shall  allow  the  claim  of 
any  public  officer  for  services  of  any  deputy  or  other  person  employed 
in  the  public  service  in  violation  of  the  provisions  of  this  article. 

7 — 31.  The  Commission  shall  certify  to  the  comptroller  all  appoint- 
ments to  officer  and  places  in  the  classified  civil  service,  and  all  vacancies 
occurring  therein,  whether  by  dismissal  or  resignation  or  death,  and  all 
findings  made  or  approved  by  the  commission  under  the  provision  of 
section  twelve  of  this  article,  that  a  person  shall  be  discharged  from  the 
classified  civil  service. 

7 — 32.  The  comptroller  shall  not  approve  the  payment  of,  or  be  in 
any  manner  concerned  in  paying  any  salary  or  wages  to  any  person  for 
services  as  an  officer  or  employe  of  the  city,  unless  such  person  is  occupy- 
ing an  office  or  place  of  employment  according  to  the  provisions  of  law 
and  is  entitled  to  payment  therefor. 

82 


7 — 33.  The  treasurer  shall  not  pay,  or  be  in  any  manner  concerned 
in  paying  any  person  any  salary  or  wages  for  services  as  an  officer  or 
employe  of  the  city,  unless  such  person  is  occupying  an  office  or  place  of 
employment  according  to  the  provisions  of  law  and  is  entitled  to  payment 
therefor. 

7 — 34.  Any  person  who  shall  be  served  with  a  subpoena  to  appear 
and  testify  or  to  produce  books  and  papers,  issued  by  the  commission  or 
by  any  commissioner  or  by  any  board  or  person  acting  under  the  orders 
of  the  commission  in  the  course  of  an  investigation  conducted  either  under 
the  provisions  of  Section  12  or  Section  14  of  this  article,  and  who  shall 
refuse  or  neglect  to  appear  or  to  testify,  or  to  produce  books  and  papers 
relevant  to  said  investigation,  as  commanded  in  such  subpoena,  shall  be 
guilty  of  a  misdemeanor,  and  shall,  on  conviction,  be  punished  as  pro- 
vided in  Section  35  of  this  article.  The  fees  of  witnesses  for  attendance 
and"  travel  shall  be  the  same  as  the  fees  of  witnesses  before  the  circuit 
courts  of  this  State,  and  shall  be  paid  from  the  appropriation  for  the 
expenses  of  the  commission.  Any  circuit  court  of  this  state,  or  any 
judge  thereof,  either  in  term  or  vacation,  upon  application  of  any  such 
commission,  or  officer  or  board,  may  in  his  discretion  compel  the  attend- 
ance of  witnesses,  the  production  of  books  and  papers,  and  giving  of 
testimony  before  the  commission,  or  before  such  commissioner,  investi- 
gating board  or  officer,  by  attachment  for  contempt  or  otherwise  in  the 
same  manner  as  the  production  of  evidence  may  be  compelled  before 
said  court.  Every  person  who,  having  taken  oath  or  made  affirmation 
before  a  commissioner  or  officer  appointed  by  the  commission,  authorized 
to  administer  oaths,  shall  swear  or  affirm  wilfully,  corruptly  and  falsely 
shall  be  guilty  of  perjury,  and  upon  conviction  shall  be  punished  accord- 
ingly. 

7—35.  Any  person  who  shall  wilfully,  or  through  culpable  negli- 
gence, violate  any  of  the  provisions  of  this  article,  or  any  rule  promul- 
gated in  accordance  with  the  provisions  thereof,  shall  be  guilty  of  a 
misdemeanor,  and  shall  on  conviction  thereof,  be  punished  by  a  fine  of 
not  less  than  fifty  dollars  and  not  exceeding  one  thousand  dollars,  or  by 
imprisonment  in  the  county  jail  for  a  term  not  exceeding  six  months, 
or  both  such  fine  and  imprisonment  in  the  discretion  of  the  court. 

83 


7 — 36.  If  any  person  shall  be  convicted  under  the  next  preceding 
section,  any  public  office  or  place  of  public  employment  which  such  person 
may  hold  shall,  by  force  of  such  conviction,  be  rendered  vacant,  and 
such  person  shall  be  incapable  of  holding  any  office  tor  place  of  public 
employment  for  the  period  of  five  years  from  the  date  of  such  con- 
viction. 

7 —  37.  Prosecutions  for  violations  of  this  article  may  be  instituted 
either  by  the  attorney  general,  state's  attorney  for  the  county  in  which  the 
offense  alleged  to  have  been  committed,  or  by  the  commission,  acting 
through  special  counsel.  Such  suits  shall  be  conducted  and  controlled  by 
the  prosecuting  officers  ' who  institute  them,  unless  they  request  the  aid  of 
other  prosecuting  officers. 

ARTICLE  VIII. 
Corporate  Powers. 

8 —  1.  The  City  of  Chicago  by  that  name  shall  continue  to  be  a 
body  politic  and  corporate,  may  sue  and  be  sued,  enter  into  contracts, 
and  acquire  and  hold  real  and  personal  property  for  corporate  purposes, 
and  dispose  thereof  when  no  longer  required  for  corporate  purposes. 

8' — 2.  The  city  clerk  shall  keep  the  corporate  seal  to  be  provided 
under  the  direction  of  the  city  council,  and  all  papers  belonging  to  the 
city;  and  copies  of  all  papers  duly  filed  in  his  office  certified  by  him 
under  the  corporate  seal  shall  be  evidence  in  all  courts  in  like  manner  as 
if  the  originals  were  produced. 

8 — 3.  A  suit  may  be. brought  by  any  tax  payer  in  the  name  and  for 
the  benefit  of  the  city  against  any  person  or  corporation  to  recover  any 
money  or  property  belonging  to  the  city  or  for  any  money  which  may 
have  been  paid,  expended  or  released  without  authority  of  law,  provided 
that  such  tax  payer  shall  file  a  bond  for  all  costs  and  be  liable  for  all 
costs  in  case  judgment  should  be  rendered  against  the  city. 

8 — 4.  No  person  shall  be  incompetent  to  act  as  judge,  justice  or 
juror  by  reason  of  his  being  an  inhabitant  or  freeholder  in  the  city  in  any 
action  or  proceeding  in  which  the  city  may  be  a  party  in  interest. 

8 — 5.  When  in  any  suit  the  city  prays  an  appeal  from  the  judgment 
of  any  court  of  this  State  to  a  higher  court  it  shall  not  be  required  to 
furnish  any  appeal  bond. 

84 


8—6.  No  suit  or  action  at  law  shall  be  brought  or  commenced  in 
any  court  within  this  State  for  damages  against  the  city  by  any  person 
for  an  injury  to  his  person  unless  such  suit  or  action  be  commenced 
within  one  year  from  the  time  such  injury  was  received  or  the  cause  of 
action  accrued. 

8—7.  Any  person  who  is  about  to  bring  any  action  or  suit  at  law  in 
any  court  against  the  city  for  damages  on  account  of  any  personal  injury 
shall,  within  six  months  from  the  date  of  injury  or  from  the  time  the 
cause  of  action  accrued,  either  himself,  or  by  his  agent  or  attorney,  file  in 
the  office  of  the  corporation  counsel  and  in  the  office  of  the  city  clerk,  a 
statement  in  writing  signed  by  such  person,  his  agent  or  attorney,  giving 
the  name  of  the  person  to  whom  such  cause  of  action  has  accrued,  the 
name  and  residence  of  the  person  injured,  the  date,  and  approximately 
the  hour  of  the  accident,  the  place  or  location  where  such  accident  oc- 
curred, the  nature  of  his  injury  and  of  his  claim,  and  the  name  and  address 
of  the  attending  physician  if  any. 

8—8.  If  the  notice  provided  for  by  the  foregoing  section  shall  not 
be  so  filed,  then  any  such  suit  brought  against  the  city  shall  be  dismissed 
and  the  person  to  whom  such  cause  of  action  accrued  for  any  personal 
injury  shall  be  forever  barred  from  further  suing. 

8—9.  The  city  council  may  accept  any  gift,  bequest,  devise  or  dedi- 
cation of  property  to  the  city  either  within  or  outside  of  the  city  limits, 
the  ownership  or  the  proceeds  of  the  sale  of  which  will  in  its  judgment 
be  beneficial  to  the  city,  and  may  assume  trusts  which  a  municipality  may 
lawfully  perform. 

No  property  given,  devised  or  bequeathed  to  the  city  for  the  use  of 
the  public  schools  or  of  the  public  parks  or  of  the  public  library,  the 
ownership  or  management  of  which  will  entail  any  expense  upon  the 
city,  shall  be  accepted  by  the  city  council  without  the  consent  of  the  head 
of  the  department  out  of  whose  appropriation  the  cost  of  maintenance 
is  to  be  met. 

8—10.    The  city  may  acquire  property  inside  of  the  city  limits  by 
purchase  or  condemnation  for  any  municipal  purpose. 

8—11.    The  city  may  acquire  by  purchase  any  property  outside  of 

85 


the  city  limits  if  in  the  oi)inion  of  the  council  it  is  useful,  advantageous 
or  desirable  for  any  municipal  purpose. 

8—12.  The  city  may  acquire  property  outside  of  the  city  limits  by 
condemnation,  for  water  works,  sewers, 'and  for  park  and  boulevard 
])urposes  only. 

8—13.  The  city  may  exercise  the  power  of  condemnation  for  the 
purpose  of  acquiring  or  extinguishing  easements  or  riparian  or  other 
incorporeal  rights. 

8  14.    The  power  of  condemnation  shall  be  exercised  in  conformity 

with  the  laws  of  the  State  concerning  eminent  domain,  or  in  so  far  as 
property  is  condemned  in  connection  with  the  making  of  local  improve- 
ments, in  conformity  with  the  act  concerning  local  improvements  ap- 
proved June  14,  1897,  and  acts  amendatory  thereof  or  in  addition 
thereto. 

8—15.  Upon  a  judicial  sale  of  property  for  the  non-payment  of  a 
tax  or  special  assessment  or  on  execution  upon  judgment  recovered  by 
the  city,  or  upon  process  issued  in  any  suit  to  which  the  city  is  a  party, 
the  city  may  in  default  of  other  bidders  bidding  an  amount  sufficient  to 
protect  the  city's  interest,  become  the  purchaser  of  such  property  and 
may  by  ordinance  authorize  and  make  it  the  duty  of  any  officer  to  attend 
such  sale  and  bid  thereat  in  behalf  of  the  city.  The  city  having  bought 
in  property  sold  for  non-payment  of  any  special  tax  or  assessment  shall 
pay  the  amount  of  the  delinquent  tax  or  assessment,  with  interest  thereon, 
into  the  fund  set  apart  for  such  tax  or  assessment,  for  the  benefit  of  the 
holder  or  holders  of  any  improvement  bond  or  bonds  issued  on  account 
thereof,  when  necessary  to  prevent  a  default  in  the  payment  of  such  bond 
or  bonds.  The  failure  to  bid  in  behalf  of  the  city  at  such  sale  shall 
not  impair  the  right  of  the  city  to  enforce  all  legal  remedies  for  the  col- 
lection of  such  special  tax  or  assessment  at  any  subsequent  sale  for  unpaid 
taxes  or  assessments.  Should  the  city  incur  any  liability  by  reason  of 
the  ownership  or  management  of  the  property  bid  in  under  the  authority 
of  this  section,  such  liability  shall  be  enforceable  only  out  of  such  prop- 
erty and  not  out  of  any  other  funds  or  property  of  the  city. 

8  16.    Any  real  property  held  ly  the  city  for  any  purpose  whatever, 

may  be  sold  in  pursuance  of  an  ordinance  passed  by  three-fourths  of  the 

86 


members  elected  to  the  city  council  at  any  regular  meeting  or  at  any 
special  meeting  called  for  such  purpose  when  the  same,  in  the  opinion  of 
the  city  council,  shall  be  no  longer  necessary,  appropriate  or  required 
for  the  use  of  the  city,  or  shall  be  no  longer  profitable  to  the  city,  or  its 
retention  shall  be  no  longer  for  its  best  interests;  but  the  city  council 
shall  sell  no  property  under  the  control  or  management  of  the  depart- 
ment of  parks  without  the  written  consent  of  the  board  of  park  commis- 
sioners, nor  any  property  under  the  control  or  management  of  the  depart- 
ment of  education  without  the  written  consent  of  the  board  of  education, 
nor  any  property  under  the  control  or  management  of  the  library  board 
without  the  consent  of  the  library  board. 

8 — 17.  Such  ordinance  shall  specify  the  location  of  such  real  prop- 
erty and  the  use  thereof,  and  before  any  sale  shall  be  made  by  virtue  of 
any  such  ordinance  such  ordinance  and  proposition  to  sell  shall  be  pub- 
lished in  a  daily  paper  once  a  week  for  eight  successive  weeks.  Such 
notice  shall  contain  an  accurate  description  of  such  property,  the  purpose 
for  which  it  is  used,  and  at  what  meeting  the  bids  will  be  considered  and 
opened,  and  shall  invite  bids  for  such  property.  All  such  bids  shall  be 
opened  only  at  a  meeting  of  the  city  council  and  shall  be  accepted  only  by 
a  vote  of  three-fourths  of  all  its  members. 

8 — 18.  Upon  any  bid  having  been  accepted  and  the  purchase  price 
duly  paid  or  secured,  the  mayor  and  city  comptroller  shall  in  the  name 
of  the  city  convey  such  real  estate  and  transfer  the  same  to  such  party 
or  parties  whose  bids  have  been  accepted  by  proper  deed  or  deeds  of  con- 
veyance, stating  therein  the  consideration  for  which  the  property  has 
been  sold. 

8—19.  The  city  council  may  provide  by  ordinance  that  all  supplies 
needed  for  the  use  of  the  city  shall  be  furnished  by  contract  let  to  the 
lowest  responsible  bidder. 

8 — 20.  Municipal  services  may  be  performed  and  municipal  works 
carried  out  either  through  contracts  entered  into  for  that  purpose  or  by 
the  city  directly  by  means  of  its  own  material  and  of  labor  employed 
by  it. 

This  section  shall  not  apply  to  works  or  improvements  to  be  paid  for 
wholly  or  in  part  by  special  taxation  or  special  assessment. 

87 


For  services  [)erforiiie(l  l)y  it,  the  city  may  charge  sucli  reasonable 
fees  as  may  be  prescribed  by  ordinance. 

ARTICLE  IX. 
Police  Power. 

9_1.  The  pohce  power  of  the  city  shall  extend  to  the  prevention  of 
crime,  the  preservation  and  promotion  of  local  peace,  safety,  health, 
morals,  order  and  comfort,  and  to  the  prevention  of  fraud  and  extortion 
within  the  community,  by  measures  of  regulation,  licensing,  requirement 
of  bonds,  examination,  inspection,  registration,  restraint  and  prohibition, 
as  well  as  by  establishment  of  municipal  services. 

The  words  "regulate"  or  "control,"  as  hereinafter  used,  shall  in- 
clude any  or  all  of  these  methods  that  may  be  applicable,  appropriate  and 
legitimate. 

9—2.  The  provisions  of  Cities  and  Villages  Act  of  1872,  conferring 
upon  cities  jurisdiction  beyond  their  territorial  limits,  shall  continue  to 
apply  to  the  City  of  Chicago.    That  is  to  say, 

1.  The  city  shall  have  jurisdiction  in  and  over  all  places  within  half 
a  mile  beyond  its  limits  for  the  purpose  of  enforcing  its  health  and  quaran- 
tine ordinances  and  regulations. 

2.  It  shall  have  jurisdiction  within  one  mile  beyond  the  city  limits 
for  the  purpose  of  controlling  or  prohibiting  the  erection  of  cemeteries  or 
of  any  offensive  or  unwholesome  business  or  establishment. 

3.  It  shall  have  jurisdiction  within  three  miles  beyond  the  city 
limits  for  the  purpose  of  suppressing  houses  of  ill  fame  or  assignation. 

4.  It  shall  have  jurisdiction  to  the  extent  of  three  miles  beyond  the 
limits  of  the  city  and  of  the  territory  owned  by  it,  but  not  to  exceed  the 
limits  of  the  State,  over  all  water  bordering  upon  the  city. 

9_3.  The  mayor  and  the  policemen  of  the  city  shall  be  conservators 
of  the  peace,  and  all  officers  created  conservators  of  the  peace  by  this 
article  or  authorized  by  any  ordinance,  shall  have  power  to  arrest  or  cause 
to  be  arrested,  with  or  without  process,  all  persons  who  shall  break  the 
peace,  or  be  found  violating  any  ordinance  of  the  city,  or  any  criminal 
law  of  the  State,  commit  for  examination  and,  if  necessary,  detain  such 


persons  in  custody  over  night  or  Sunday  in  the  police  station  or  any 
other  safe  place,  or  until  they  can  be  brought  before  the  proper  magis- 
trate, and  shall  have  and  exercise  such  other  powers  as  conservators  of 
the  peace  as  the  city  council  may  prescribe.  All  warrants  for  the  viola- 
tion of  ordinances,  and  all  criminal  warrants  to  whomsoever  directed,  may 
be  served  and  executed  within  the  corporate  limits  of  the  city  by  any 
policeman  of  the  city ;  such  policemen  being  hereby  clothed  with  all  the 
statutory  powers  of  constables  for  such  purposes,  and  with  all  the  powers 
of  constables  at  common  law. 

It  shall  not  be  lawful  for  the  corporate  authorities  of  the  city  to  em- 
ploy or  permit  any  person  to  act  as  deputy  marshal  or  special  constable 
or  special  policeman  for  the  purpose  of  preserving  peace,  who  is  not  a 
citizen  of  the  United  States  and  who  has  not  been  an  actual  resident  of 
the  City  for  one  whole  year  before  such  authorization.  Any  violation 
of  this  provision  shall  be  a  misdemeanor  and  shall  be  punished  by  a  fine 
not  less  than  $100.00  and  not  more  than  $500.00. 

9—4.  The  city  council  shall  have  the  power  to  regulate  the  use  of 
streets  and  other  public  places  and  of  all  public  waters  within  the  limits 
of  the  city's  jurisdiction,  and  to  regulate  and  control  bridges,  wharves, 
piers  and  landing  places. 

9_5.  The  city  council  shall  have  the  power  to  establish  fire  limits 
within  which  wooden  buildings  may  not  be  erected,  replaced  or  repaired 
without  permission,  and  to  direct  that  all  and  any  buildings  within  the 
fire  limits  when  the  same  shall  have  been  damaged  by  fire,  decay  or  other- 
wise, to  the  extent  of  50  per  cent,  of  the  value  thereof,  shall  be  torn 
down  or  removed,  and  to  prescribe  the  manner  of  ascertaining  such 
damage. 

9_6.  The  city  council  shall  have  power  to  maintain  a  fire  depart- 
ment. The  fire  marshal  or  fire  inspector,  if  any,  shall  have  the  power  of 
compelling  the  attendance  and  testimony  of  witnesses  for  the  purpose 
of  ascertaining  the  causes  and  circumstances  of  fires  occurring  within  the 
city. 

9  7.    No  ordinance  shall  be  enacted  altering  the  limit  of  the  height 

of  buildings  to  be  erected  within  the  City  of  Chicago  except  by  a  vote  of 
two-thirds  of  all  members  of  the  city  council. 

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— ^-  '^lic  city  council  shall  have  power  to  require  railroad  com- 
I)anics  ownin<,r  or  operating  railroads  within  the  city  to  adojjt  all  such 
measures  with  regard  to  the  location,  grade  and  general  condition  of 
their  right  of  way,  with  regard  to  railroad  crossings  and  with  regard  to 
the  operation  of  trains  as  are  in  the  judgment  of  the  city  council  called 
for  in  the  interest  of  the  safety,  comfort  and  convenience  of  the  public, 
and  for  the  security  and  protection  of  property. 

9—9.  The  regulation  by  statute  of  a  matter  within  the  police  power 
of  the  city  shall  not  prevent  the  city  council  from  prescribing  additional 
regulations  not  conflicting  with  the  statute,  regarding  the  same  subject 
matter. 

9 — 10.  The  power  of  the  city  council  to  regulate,  control  or  pro- 
hibit the  manufacture,  selling  or  giving  away  of  intoxicating  liquors 
and  beverages,  shall  be  subject  to  the  provisions  of  the  general  laws  of 
the  state,  except  as  specially  modified  by  law  with  reference  to  the  City 
of  Chicago,  and  further  subject  to  the  terms  and  conditions  upon  which 
any  district  may  have  been  or  may  hereafter  be  annexed  to  the  city. 

9 — 11-  The  city  council  shall  have  no  power  to  license  gambling 
houses  or  houses  of  ill  fame. 

9—12.  The  city  council  shall  have  power  to  regulate,  license  or 
prohibit  the  keeping  of  dogs  and  other  animals  within  the  city  limits. 

9—13.  The  city  council  shall  have  power  to  regulate  the  business 
and  the  charges  of  hackmen,  draymen,  omnibus  drivers,  carters,  cabmen, 
porters,  expressmen,  wharfingers,  ferrymen  and  all  persons  and  corpora- 
tions owning  or  managing  public  utilities  or  whose  business  is  carried 
.on  under  special  grants  of  license  or  privileges  from  the  city,  also  to  fix 
the  rates  of  wharfage  and  dockage,  also  to  regulate  the  price  of  bread. 

9 — 14.  The  city  council  shall  have  power  to  provide  for  such  fines, 
penalties  and  forfeitures  for  the  violation  of  its  ordinances,  or  of  the 
ordinances  of  any  of  the  city  departments  made  under  the  authority  of 
this  charter,  as  it  may  deem  proper,  provided  that  no  fine  or  pecuniary 
penalty  shall  exceed  $200.00  and  no  imprisonment  shall  exceed  six  months 
for  any  one  offense. 

9 — 15.    The  city  council  shall  have  power  to  fix  the  fees,  terms  and 

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manner  of  issue  and  revocation  of  licenses,  but  no  business  or  occupation 
license  shall  be  revoked  except  for  cause. 

9_16.  The  city  council  may  without  prejudice  to  the  other  rights, 
powers  and  remedies  of  the  city,  provide  that  where  any  owner  or  occu- 
pant of  property  refuses  or  fails  after  such  reasonable  notice  in  writing 
as  may  be  prescribed  by  ordinance  to  comply  with  a  lawful  order  made 
under  the  authority  of  any  law  or  ordinance,  directing  him  to  remove 
or  abate  any  nuisance  existing  in  respect  of  his  property,  such  nuisance 
may  be  removed  or  abated  by  or  under  the  authority  of  the  city  at  the 
expense  of  such  owner  or  occupant,  and  the  city  shall  be  entitled  to  collect 
all  reasonable  charges  incurred  by  it  or  under  its  authority  in  removing 
@r  abating  such  nuisance  by  legal  proceedings  brought  against  such 
owner  or  occupant 

9_17.  All  fines  and  forfeitures  for  the  violation  of  ordinances, 
when  collected,  and  all  moneys  collected  for  licenses  or  otherwise,  shall 
be  paid  into  the  city  treasury  at  such  times  and  in  such  manner  as  may  be 
prescribed  by  ordinance,  or  by  law. 

9_18.  Wherever  a  license  or  permit  is  required  by  ordinance  for 
any  act,  thing  or  business,  the  city  council  may  by  ordinance  provide  for 
the  prohibition  under  penalty  and  for  the  summary  suppression  of  such 
act,  thing  or  business  until  such  license  is  obtained.  Any  license  fee 
that  has  become  payable  may  be  collected  as  a  debt. 

9_19.  The  city  may  maintain  an  action  in  the  municipal  court  of 
the  City  of  Chicago,  to  restrain  by  injunction  a  violation  of  any  of  its 
ordinances  enacted  for  the  prevention  or  abatement  of  nuisances  or  for 
the  protection  of  the  public  health,  notwithstanding  such  ordinance  may 
provide  a  penalty  for  such  violation. 

9—20.  All  actions  brought  to  recover  any  fine,  or  to  enforce  any 
penalty,  under  any  ordinance  of  the  city  or  of  any  of  its  departments, 
shall  be  brought  in  the  corporate  name  of  the  city  as  plaintiff;  and  no 
prosecution,  recovery  or  acquittal,  for  the  violation  of  any  such  ordinance 
shall  constitute  a  defense  to  any  other  prosecution  of  the  same  party 
for  any  other  violation  of  any  such  ordinance,  although  the  different 
causes  of  action  existed  at  the  same  time,  and,  if  united,  would  not 
have  exceeded  the  jurisdiction  of  the  court  or  magistrate. 

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9 —  21.  Any  ])crsoii  upon  vvlioni  any  fine  or  penalty  shall  be  im- 
posed, may,  upon  the  order  of  the  court  or  magistrate  before  whom  the 
conviction  is  had,  be  committed  to  the  county  jail,  city  prison,  work- 
house, house  of  correction,  or  other  place  provided  by  the  city  for  the 
incarceration  of  offenders,  until  such  fine,  penalty  and  cost  shall  be  fully 
paid;  Provided,  that  no  such  imprisonment  shall  exceed  six  months  for 
any  one  ofifense.  The  city  council  shall  have  power  to  provide,  by 
ordinance,  that  every  person  so  committed  shall  be  required  to  work 
for  the  city,  at  such  labor  as  his  or  her  strength  will  permit,  within  and 
without  such  prison,  workhouse,  house  of  correction,  or  other  place 
provided  for  the  incarceration  of  such  offenders,  not  exceeding  ten 
hours  each  working  day ;  and  for  such  work  the  person  so  employed  shall 
be  allowed,  exclusive  of  his  or  her  board,  $2  for  each  day's  work  on  ac- 
count of  such  fine  and  cost. 

ARTICLE  X. 
Powers  for  Aid,  Relief  and  Correction. 

10 —  1.  The  city  council  shall  have  the  power  to  provide  for  the  care 
of  the  indigent  of  the  city,  and  in  times  of  great  public  emergency  or 
calamity  to  extend  aid  and  rehef  to  persons  in  distress  and  take  such 
other  measures  as  the  situation  may  call  for. 

10 — 2.  The  city  council  shall  have  power  in  its  discretion  to  in- 
demnify persons  whose  property  has  been  destroyed  by  or  under  the 
authority  of  officers  of  the  fire  department  of  the  city  in  order  to  check 
the  spread  of  a  conflagration,  or  by  or  under  the  authority  of  the  san- 
itary authorities  of  the  city  in  order  to  check  the  spread  of  infectious 
and  contagious  diseases. 

10 — 3.    The  city  council  shall  have  the  power  to  establish,  erect 
and  maintain  alms  houses,  municipal  lodging  houses  and  farms  for  i 
unemployed  persons,  and  free  employment  bureaus  on  the  premises  oc- 
cupied by  any  lodging  house,  and  creches  for  infant  children,  and  to 
provide  for  the  control  and  management  of  the  same. 

10 — 4.  The  city  council  shall  have  power  to  establish  and 
maintain  medical  dispensaries,  and  to  erect,  establish,  acquire  and  main- 
tain hospitals  either  of  general  character,  or  of  special  character  for 

92 


particular  classes  of  cases,  which  hospitals  may  be  free  or  for  pay, 
or  partly  free  and  partly  for  pay,  as  the  council  may  determine,  and 
shall  have  power  to  provide  for  the  control  and  management  of  the 
same. 

10 — 5.  The  city  council  shall  have  the  power  to  establish  and 
maintain  jails,  houses  of  correction,  workhouses  and  workfarms  for 
the  confinement  and  reformation  of  vagrants,  disorderly  persons,  and 
persons  convicted  of  violating  any  city  or  departmental  ordinance  or  of 
committing  any  misdenleanor.  Provision  shall  be  made  for  housing 
female  offenders  separately  from  male  offenders,  and  juvenile  offenders 
separately  from  adults. 

The  city  council  shall  have  power  to  provide  for  the  government 
of  such  institutions. 

The  operation  of  an  act  to  establish  workhouses,  approved  April 
25,  1871,  shall  within  or  for  the  City  of  Chicago  be  superseded  by  any 
regulations  made  by  or  under  the  authority  of  the  city  council  under 
the  power  hereby  granted  in  so  far  as  such,  regulations  may  be  in 
conflict  with  the  provisions  of  this  act. 

10 — 6..  The  city  council  shall  also  have  power  to  provide  for  the 
care,  training  and  reformation  of  juvenile  delinquents  or  dependents 
and  to  establish  institutions  for  that  purpose. 

10 —  7.  The  municipal  authorities  shall  have  power  to  enter  into 
agreements  and  arrangements  with  the  authorities  of  Cook  County 
or  other  governmental  authorities,  for  mutual  cooperation  in  the  pre- 
vention, detection,  prosecution  and  punishment  of  crime,  and  in  the 
work  of  reformation,  correction,  charity,  aid  or  relief,  and  may  make 
pecuniary  grants  in  such  aid  of  such  work. 

ARTICLE  XL 
Finance. 

11 —  1.  The  city  council  shall  have  power  to  control  the  city 
finances,  to  appropriate  money  for  corporate  purposes  and  to  provide 
for  the  payment  of  the  expenses  and  debts  of  the  city. 

The  term  corporate  purposes  shall  be  held  to  include  any  legitimate 

93 


object  of  municipal  interest  or  activity  not  contrary  to  the  provisions 
and  limitations  of  this  cliartcr,  for  which  the  legislature  lias  power 
to  authorize  the  expenditure  of  city  funds  or  the  exercise  of  the  power 
of  local  taxation.  The  term  municipal  purposes,  where  used  in  this 
charter,  shall  be  construed  in  like  manner. 

11 — 2.  The  fiscal  year  of  this  city  shall  commence  upon  the  first 
of  January  of  each  year,  or  at  such  other  time  as  may  be  fixed  by  or* 
dinance. 

11 — 3.  The  city  council  shall,  within  the  quarter  preceding  the  be- 
ginning of  each  fiscal  year,  or  within  the  first  quarter  of  such  year  (which 
year  is  herein  referred  to  as  the  ensuing  fiscal  year),  pass  an  ordinance 
to  be  termed  the  annual  appropriation  ordinance,  in  which  it  may  ap- 
propriate such  sums  of  money  as  it  may  deem  necessary  to  defray  all 
expenses  and  liabilities  of  the  city,  and  in  such  ordinance  shall  specify 
the  objects  and  purposes  for  which  such  appropriations  are  made  and 
the  amount  appropriated  for  each  object  and  purpose. 

In  case  the  passage  of  the  annual  appropriation  ordinance  shall 
be  delayed  until  after  the  beginning  of  the  fiscal  year  the  city  council 
may,  during  the  period  from  the  beginning  of  the  year  to  the  time  of 
the  taking  effect  of  such  ordinance,  upon  the  recommendation  of  the 
finance  committee  authorize  the  comptroller  to  incur  the  periodical  ex- 
penditures for  current  needs  of  the  municipality  to  the  extent  that  the 
same  had  been  authorized  for  the  corresponding  period  of  the  preceding 
year  and  also  to  incur  expenditures  for  continuation  of  works  that 
are  in  process  of  being  carried  out  and  that  do  not  admit  of  interrup- 
tion or  delay. 

11 — 4.  Except  as  herein  otherwise  specially  provided,  the  city  ex- 
penditures in  any  one  year  shall  not  be  increased  over  and  above  the 
amount  provided  for  in  the  annual  appropriation  ordinance  of  that  year, 
and  no  expenditure  for  any  improvement  to  be  paid  for  out  of  the 
general  fund  of  the  city  shall  exceed  in  any  one  year  the  amount  pro- 
vided for  such  improvement  in  the  annual  appropriation  ordinance. 

11 — 5.  The  city  council  shall  have  the  power  at  any  time  to 
transfer  any  appropriation  for  any  year  which  may  be  found  to  be  in  excess 
of  the  amount  required  for  the  purpose  or  object  thereof,  to  any  other 

94 


purposes  or  objects  for  which  the  appropriations  are  insufficient  or 
such  as  may  require  the  same. 

1 1 — 6.  Except  as  next  hereinafter  provided,  all  appropriations  shall 
be  made  for  the  ensuing  fiscal  year  only,  and  shall  lapse  at  the  end  of 
that  year  if  not  then  exhausted. 

The  city  council  may  by  ordinance  passed  by  a  majority  of  all  its 
members  appropriate  and  set  apart  any  portion  of  the  revenue  of  the 
city  as  a  special  fund  or  funds  to  be  maintained  for  and  devoted  to 
particular  purposes.  Moneys  thus  appropriated  and  set  apart  shall  not 
lapse  into  the  general  fund  at  the  end  of  the  fiscal  year  as  above  pro- 
vided, but  the  city  council  may  by  an  ordinance  passed  by  a  vote  of 
two  thirds  of  all  its  members  transfer  and  appropriate  the  said  fund 
or  any  part  thereof  to  any  other  lawful  purpose. 

11 — 7-  It  shall  not  be  lawful  for  any  department  or  officer  of  the 
city  to  incur  or  contract  any  expense  unless  an  appropriation  shall  have 
been  made  concerning  such  expense. 

11 — 8.  All  contracts  which  are  not  to  be  satisfied  and  discharged 
out  of  appropriations  previously  made,  or  which  create  contingent  Ha- 
bilities  that  may  accrue  at  a  period  later  than  the  current  fiscal  year, 
shall  be  entered  into  only  by  or  under  authority  of  an  ordinance  specifically 
authorizing  any  such  contract  and  stating  its  terms,  and  such  ordinance 
shall  be  passed  only  by  concurrence  of  two-thirds  of  all  the  members 
elected  to  the  council. 

11 — 9.  The  city  council,  may,  upon  recommendation  of  the  mayor, 
by  a  two-thirds  vote  of  all  its  members,  at  any  time  order  any  expenditure 
the  necessity  of  which  is  caused  by  an  emergency  happening  after  the 
annual  appropriation  ordinance  has  been  made. 

11 — 10.  No  money  shall  be  expended  for  any  celebration,  proces- 
sion, ceremony,  reception  or  entertainment  of  any  kind  on  any  oc- 
casion unless  by  a  vote  of  three-fourths  of  all  the  members  elected  to 
the  city  council. 

11 — 11.  The  city  council  shall  have  power  to  reimburse  and  in- 
demnify any  officer  or  employe  of  the  city  for  any  expenses  or  for  anv 
liability  incurred  by  him  in  the  performance  of  his  official  duty,  or  while 
acting  in  an  emergency  in  the  interests  of  the  city  and  of  its  inhabitants, 

95 


and  to  provide  for  delending  any  suit  or  criminal  prosecution  brought 
against  such  officer  by  reason  of  such  alleged  liability,  but  this  section 
shall  not  be  construed  as  imposing  any  legal  liability  upon  the  city  which 
would  not  otherwise  exist  by  law. 

11—12.  The  treasurer  of  the  City  of  Chicago  shall  be  elected  by 
the  voters  of  the  city  for  a  term  of  two  years,  and  during  such  term  shall 
hold  no  other  office  under  the  city  government.  No  person  shall  be 
eligible  to  the  office  of  city  treasurer  for  two  terms  in  succession. 

11 — 13.  All  warrants  drawn  upon  the  treasurer  must  be  signed  by 
the  mayor  and  countersigned  by  the  comptroller  stating  the  particular 
fund  or  appropriation  ,to  which  the  same  is  chargeable,  and  no  money 
for  the  payment  of  any  debt,  claim  or  demand  against  the  city,  shall  be 
otherwise  paid  or  transferred  than  upon  such  warrants  so  drawn. 

11 — 14.  Warrants  payable  on  demand  shall  be  drawn  upon  the 
city  treasurer,  or  against  any  fund  in  his  hands,  only  when  at  the  time 
of  the  drawing  and  issuing  of  such  warrants  there  shall  be  sufficient 
money  in  the  appropriate  fund  in  the  treasury  to  pay  said  warrants. 

11 — 15.  All  moneys  received  on  any  special  assessment  shall  be 
held  by  the  treasurer  as  a  special  fund,  to  be  applied  to  the  payment  of 
the  improvement  for  which  the  assessment  was  made,  and  said  money 
shall  be  used  for  no  other  purpose  whatever,  unless  to  reimburse  the 
city  for  money  expended  for  such  improvement. 

11 — 16.  Neither  the  treasurer  nor  any  other  officer  of  the  city  of 
Chicago  having  public  funds  in  his  possession  or  custody  shall  be  entitled 
to  the  interest  accruing  thereon  or  any  part  thereof,  but  such  interest- 
shall  be  paid  into  the  city  treasury  to  be  applied  according  to  law. 

11—17.  It  shall  be  the  duty  of  the  comptroller,  at  least  once  in 
each  year  and  not  later  than  the  1st  of  December  of  each  year  to  ad- 
vertise for  bids  from  all  regularly  established  national  and  state  banks 
doing  business  in  the  city  for  interest  upon  the  money  of  the  city  ta 
be  deposited  in  such  banks.  Such  bids  shall  be  reported  to  the  city 
council  for  its  information  and  consideration  not  later  than  Decembe" 
15th  of  each  year  to  the  end  that  any  award  or  awards  may  be  made 
upon  such  bids  by  the  city  council  prior  to  the  end  of  each  fiscal  year. 
Such  awards  shall  be  made  to  the  highest  and  best  responsible  bidder 

96 


or  bidders.  The  city  council  shall  have  the  power  to  reject  all  bids 
and  to  designate  as  many  depositaries  as  it  deems  necessary  for  the 
protection  of  the  city's  interests  and  accept  bids  accordingly.  No  bid 
shall  be  accepted  from  any  financial  institution  other  than  a  regularly 
organized  state  or  national  bank  and  no  moneys  shall  be  deposited  with 
any  bank  or  such  award  be  effective  until  such  depositary  shall  have 
delivered  to  the  comptroller  a  bond  to  the  city  in  such  sum  and  with 
such  sureties  as  the  city  council  shall  approve,  conditioned  in  like  manner 
as  other  official  bonds  given  by  public  officials  charged  with  the  custody 
of  money.  The  city  council  shall  have  the  power  to  pass  all  necessary 
ordinances  to  carry  the  foregoing  provisions  into  effect  and  provide 
rules  applicable  thereto.  The  city  treasurer  shall  be  discharged  from 
responsibility  for  all  moneys  deposited  by  him  in  pursuance  to  order 
or  ordinance  by  the  city  council  with  any  depositaries  who  may  be  so 
named  and  qualified,  and  in  fixing  the  amount  of  the  bond  of  the  city 
treasurer  due  regard  shall  be  had  by  the  city  council  to  the  effect  of 
any  such  deposits  upon  the  actual  amount  of  money  for  which  the 
treasurer  may  from  time  to  time  be  held  responsible.  When  money  is 
once  deposited  in  such  depository  or  depositories  no  check  or  draft 
shall  be  drawn  against  such  deposits  for  the  payment  of  any  debt  claims 
or  demand  against  the  city,  unless  accompanied  by  a  warrant  attached 
thereto  drawn  in  accordance  with  Sections  13  and  14  of  this  article, 
a  duplicate  of  such  warrant  to  be  retained  by  the  treasurer.  Provided, 
however,  that  for  the  purpose  of  transferring  the  city's  money  from 
one  depository  to  another  a  check,  payable  to  such  depository  and 
signed  by  the  city  treasurer  and  countersigned  by  the  city  comptroller, 
need  not  be  accompanied  by  such  warrant.  Such  check  shall  express 
thereon  that  it  is  intended  only  for  the  purpose  of  transferring  the  city's 
money  from  one  depository  to  another. 

11 — 18.  The  treasurer  shall  keep  all  moneys  belonging  to  the  city 
in  his  hands  separate  and  distinct  from  his  own  moneys,  and  he  is 
hereby  expressly  prohibited  from  using,  either  directly  or  indirectly,  the 
city  money  or  warrants  in  his  custody  and  keeping,  for  his  own  use 
and  benefit,  or  that  of  any  other  person  or  persons  whomsoever;  and 
any  violation  of  this  provision  shall  subject  him  to  immediate  removal 

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from  ofHcc  by  the  city  council,  which  is  hereby  authorized  to  declare 
said  oftice  vacant ;  and  in  which  case  his  successor  shall  be  appointed, 
who  shall  hold  his  office  for  the  remainder  of  the  term  unexpired  of 
such  officer  so  removed. 

11 — 19.  The  treasurer  shall  report  to  the  city  council,  as  often 
as  it  shall  require,  a  full  and  detailed  account  of  all  receipts  and  dis- 
bursements of  the  city  as  shown  by  his  books  up  to  the  time  of  such 
report,  and  he  shall  annually,  between  the  first  and  tenth  of  January, 
make  out  and  file  with  the  comptroller  a  full  and  detailed  account  of  all 
such  receipts  and  expenditures  and  of  all  his  transactions  as  such 
treasurer  during  the  preceding  fiscal  year  and  shall  show  in  such  ac- 
count the  state  of  the  treasury  at  the  close  of  the  fiscal  year. 

11 — 20.  It  shall  be  the  duty  of  the  collector  to  preserve  all  war- 
rants which  are  returned  into  his  hands,  and  he  shall  keep  such  books 
and  his  accounts  in  such  manner  as  the  city  council  may  prescribe.  Such 
warrants,  books,  and  all  papers  pertaining  to  his  office,  shall  at  all  times 
be  open  to  the  inspection  of  and  subject  to  the  examination  of  the  mayor, 
comptroller,  any  member  of  the  council,  or  committee  thereof.  He  shall 
weekly,  and  oftener  if  required  by  the  council,  pay  over  to  the  treasurer 
all  moneys  collected  by  him  from  any  source  whatever,  taking  such 
treasurer's  receipt  therefor,  which  receipt  he  shall  immediately  file  v^ith 
the.  comptroller  ;  but  the  comptroller  shall,  at  the  time,  or  on  demand, 
give  such  collector  a  copy  of  any  such  receipt  so  filed. 

11 — 21.  The  collector  shall  make  a  report  in  writing  to  the  council 
or  to  any  officer  designated  by  the  council  of  all  moneys  collected  by 
him,  the  account  whereon  collected,  or  any  other  matter  in  connection 
with  his  office,  when  required  by  the  council,  or  by  any  ordinance  of 
the  city.  He  shall  also,  anually,  between  the  first  and  the  tenth  day 
of  January,  file  with  the  comptroller,  a  staterAent  of  all  the  moneys 
collected  by  him  during  the  year  preceding  the  particular  warrant,  special 
assessment  or  account  on  which  collected,  the  balance  of  moneys  uncol- 
lected on  all  warrants  in  his  hands  of  any  person  or  corporation  in  his 
use,  the  time  of  the  return  on  all  warrants  which  he  shall  have  returned 
during  the  preceding  fiscal  year,  to  the  city  comptroller. 

11 — 22.    The  collector  is  hereby  expressly  prohibited  from  keeping 


the  moneys  of  the  city  in  his  hands  or  in  the  hands  of  any  person  or 
corporation  in  his  use,  beyond  the  time  which  may  be  prescribed  for 
the  payment  of  the  same  to  the  treasurer,  and  any  violation  of  this  pro- 
vision shall  subject  him  to  immediate  removal  from  office  by  the  mayor. 

11—23.  All  the  city  collector's  papers,  books,  warrants  and  vouchers 
may  be  examined  at  any  time  by  the  mayor  or  comptroller,  or  any  mem- 
ber of  the  city  council ;  and  the  collector  shall  every  week,  or  oftener  if  the 
city  council  so  direct,  pay  over  all  money  collected  by  him  from  any 
person  or  persons,  or  associations,  to  the  treasurer,  taking  his  receipt 
therefor  in  duplicate,  one  of  which  receipts  he  shall  at  once  file  in  the 
office  of  the  comptroller. 

11—  24.  The  city  council  shall  prescribe  uniform  forms  of  ac- 
counts, which  are  to  be  observed  by  all  departments  of  the  city  which 
receive  or  disburse  moneys. 

ARTICLE  XII. 
Revenue. 

12—  1.  The  city  council  of  the  City  of  Chicago  shall  annually, 
not  later  than  the  first  quarter  of  the  fiscal  year,  by  ordinance,  levy  a 
general  tax  on  all  real  and  personal  property  not  exempt  from  taxation 
for  corporate  purposes,  including  general  city,  school,  park,  and  library 
purposes,  not  exceeding  in  the  aggregate,  exclusive  of  the  amounts  levied 
for  the  payment  of  bonded  indebtedness  and  the  interest  on  bonded  in- 
debtedness five  per  centum  of  the  assessed  value  of  the  taxable  property 
within  said  city  as  assessed  and  equalized  according  to  law  for  municipal 
purposes.  The  said  city  council  in  its  annual  levy  shall  specify  the 
respective  amounts  levied  for  the  payment  of  bonded  indebtedness  and 
interest  on  bonded  indebtedness,  the  amount  levied  for  general  city 
purposes,  the  amount  levied  for  educational  purposes,  the  amount  levied 
for  school  building  purposes,  the  amount  levied  for  park  purposes  and 
the  amount  levied  for  library  purposes.  A  certified  copy  of  such  or- 
dinances shall  be  filed  in  the  county  clerk's  office.  The  county  clerk  shall 
extend  upon  the  collector's  warrant  all  of  such  taxes,  subject  to  the 
limitation  herein  contained,  in  a  single  column  as  the  City  of  Chicago 

99 


tax.  In  case  the  aggregate  amount  levied,  exclusive  of  the  amount  levied 
for  the  payment  of  the  bonded  indebtedness  and  the  interest  on  bonded 
indebtedness,  shall  exceed  five  per  centum  of  such  assessed  value  such 
excess  shall  be  disregarded,  and  the  residue  only  treated  as  certified  for 
extension.  In  such  case  all  items  in  such  tax  levy  except  those  for 
the  payment  of  bonded  indebtedness  and  the  interest  on  bonded  in- 
debtedness shall  be  reduced  pro  rata.  The  taxes  levied  shall  be  col- 
lected and  enforced  in  the  same  manner  and  by  the  same  officers  as 
state  and  county  taxes,  and  shall  be  paid  over  by  the  officers  collecting 
the  same  to  the  city  treasurer.  The  city  treasurer  of  the  City  of  Chicago 
shall  keep  separate  funds  in  conformity  to  said  tax  levy,  which  funds 
shall  be  paid  out  by  him,  upon  order  of  the  proper  authority  for  the 
purposes  only  for  which  the  same  were  levied. 

12—2.  The  board  of  education,  the  board  of  park  commissioners 
and  the  library  board  of  the  City  of  Chicago  shall  respectively  upon  the 
request  of  the  city  council  prepare  and  transmit  to  it,  annually,  state- 
ments of  their  receipts  and  expenditures  for  the  current  or  preceding 
fiscal  year  (as  the  case  may  be)  stating  therein  the  sources  of  such 
receipts  and  the  several  objects  or  purposes  of  such  expenditures.  They 
vshall  also  respectively  upon  such  request  prepare  and  transmit  to  the 
city  council  estimates  of  their  expenditures  for  the  ensuing  fiscal  year 
stating  therein  the  several  objects  and  purposes  of  such  expenditures. 

12 — 3.  The  city  council  shall  have  power  to  impose  a  license  tax 
upon  any  trade  or  business  carried  on  wholly  or  in  part  within  the  city 
limits. 

12 — 4.  The  city  council  shall  have  power  to  impose  a  license  tax 
upon  all  wheeled  vehicles  used  upon  the  streets,  alleys  or  public  places 
of  the  city  or  any  particular  class  of  such  vehicles.  The  net  proceeds  of 
any  such  tax  or  taxes  shall  be  applied  exclusively  to  the  repair  and  im- 
provement of  the  streets  and  alleys  of  the  city. 

12 — 5.  Any  license  tax  that  has  become  payable  may  be  collected 
as  a  debt.  The  city  council  may  prescribe  penalties  for  the  non-payment 
of  any  license  tax. 

12 — 6.  All  corporations,  companies  and  associations  not  incorpor- 
ated under  the  laws  of  this  State,  and  which  are  engaged  in  the  City 

100 


of  Chicago  in  effecting  fire  insurance,  shall  pay  to  the  treasurer  of 
the  city,  for  the  maintenance,  use  and  benefit  of  the  fire  department 
thereof,  a  sum  of  not  exceeding  two  per  cent  of  the  gross  receipts 
received  by  their  agency  in  the  city;  fifty  per  cent  of  the  amount  so 
collected  to  be  set  apart  and  appropriated  to  the  fund  for  the  pen- 
sioning of  disabled  and  superannuated  members  of  the  fire  department, 
and  of  the  widows  and  orphans  of  deceased  members  of  the  fire  depart- 
ment. The  city  may  prescribe  by  ordinance  the  amount  of  tax  <Jr 
license  fee  to  be  fixed,  not  in  excess  of  the  above  rate,  and  at  that  rate 
such  corporations,  companies  and  associations  shall  pay  upon  the  amount 
of  all  premiums,  which  during  the  year  ending  on  every  first  day  of  July 
shall  have  been  received  for  any  insurance  effected  or  agreed  to  be 
effected  in  the  city,  by  or  with  such  corporation,  companies  or  associa- 
tion respectively.  Every  person  who  shall  act  in  the  city  as  agent,  or 
otherwise,  for  or  on  behalf  of  any  such  corporation,  company  or  associa- 
tion, shall,  on  or  before  the  15th  day  of  July  of  each  and  every  year, 
render  to  the  city  comptroller  a  full,  true  and  just  account,  verified  by 
his  oath,  of  all  the  premiums  which,  during  the  year  ending  on  every 
first  day  of  July  preceding  such  report,  shall  have  been  received  by  him, 
or  any  other  person  for  him  in  behalf  of  any  such  corporation,  com- 
pany or  association,  and  shall  specify  in  said  report  the  amounts  received 
for  fire  insurance.  Such  agent  shall  also  pay  to  the  city  treasurer,  at 
the  time  of  rendering  the  aforesaid  report,  the  amount  of  rates  fixed 
by  the  ordinances  for  which  the  companies,  corporations  or  associations 
represented  by  them  are  severally  chargeable  by  virtue  of  this  act  and 
the  ordinance  passed  in  pursuance  hereof.  If  such  account  be  not  ren- 
dered on  or  before  the  day  herein  designated  for  that  purpose,  or  if  said 
rates  shall  remain  unpaid  after  that  day,  it  shall  be  unlawful  for  any 
corporation,  company  or  association  so  in  default,  to  transact  any  busi- 
ness of  insurance  in  the  city  until  the  said  requisition  shall  have  been 
fully  complied  with;  but  this  provision  shall  not  relieve  any  company, 
corporation  or  association  from  the  payment  of  any  risk  that  may  be 
taken  in  violation  hereof. 

12 — 7.  Whenever  the  city  is  required  to  levy  a  tax  for  the  pay- 
ment of  any  particular  debt,  appropriation  or  liability  of  the  same,  the 

101 


tax  for  such  purposes  shall  be  included  in  the  total  amount  levied  by 
the  city  council,  and  certified  to  the  county  clerk  as  aforesaid;  but  the 
city  council  shall  determine,  in  the  ordinance  making  such  levy,  what 
proportion  of  such  total  amount  shall  be  applicable  to  the  payment  of 
such  particular  debt,  appropriation  or  liability;  and  the  city  treasurer 
shall  set  apart  such  proportion  of  the  tax  collected  and  paid  to  him  for 
the  payment  of  such  particular  debt,  appropriation  or  liability,  and  shall 
not  disburse  the  same  for  any  other  purpose  until  such  debt,  appropria- 
tion or  liability  shall  have  been  discharged. 

ARTICLE  XIII. 
Indebtedness. 

13 — 1.  The  City  of  Chicago  may  become  indebted  for  municipal 
purposes  to  an  amount  (including  its  existing  indebtedness  and  the  in- 
debtedness of  the  municipal  corporations  consolidated  with  the  govern- 
ment of  the  city  and  whose  indebtedness  the  city  has  assumed  by  this 
charter,  and  the  city's  proportionate  share  of  the  indebtedness  of  the 
County  of  Cook  and  of  the  Sanitary  District  of  Chicago,  which  share 
shall  be  determined  as  hereinafter  provided)  in  the  aggregate  not  ex- 
ceeding five  per  centum  of  the  full  value  of  the  taxable  property  within 
its  limits  as  ascertained  by  the  last  assessment  for  municipal  purposes 
previous  to  the  incurring  of  such  indebtedness. 

13 — 2.  For  the  purpose  of  determining  such  aggregate  indebted- 
ness the  city's  proportionate  share  in  the  indebtedness  of  the  County 
of  Cook  shall  bear  the  same  ratio  to  the  entire  existing  indebtedness  of 
the  County  of  Cook  as  the  value  of  the  taxable  property  within  the  City 
of  Chicago  bears  to  the  value  of  the  taxable  property  in  the  entire  County 
of  Cook,  ^s  ascertained  by  the  last  assessment  for  municipal  and  county 
purposes,  respectively,  previous  to  the  incurring  of  such  indebtedness. 
The  amount  of  the  indebtedness  of  the  County  of  Cook  shall  upon 
request  of  the  city  comptroller  be  certified  to  such  comptroller  by  the 
county  clerk  of  Cook  County  under  the  seal  of  the  board  of  county 
commissioners.  If  the  city  comptroller  questions  the  correctness  of  such 
certificate,  the  amount  of  the  county's  indebtedness  may  be  determined 

102 


summarily  by  the  circuit  court  of  Cook  County  upon  proceedings  brought 
by  the  city  against  the  county  for  that  purpose.  The  certificate  of  the 
county  clerk  or  the  judgment  of  the  circuit  court,  as  the  case  may  be, 
shall  be  recorded  in  the  office  of  the  recorder  of  deeds  of  Cook  County 
and  the  amount  thus  recorded  shall  be  conclusive  as  to  the  city's  pro- 
portioilate  share  in  the  indebtedness  of  the  County  of  Cook  for  the 
purposes  herein  contemplated. 

13 — 3.  For  the  purpose  of  determining  such  aggregate  indebted- 
ness, the  city's  proportionate  share  in  the  indebtedness  of  the  Sanitary 
District  of  Chicago,  shall  bear  the  same  ratio  to  the  entire 
existing  indebtedness  of  the  said  sanitary  district  as  the  value  of  the 
taxable  property  of  that  portion  of  the  city  lying  within  said  sanitary 
district  bears  to  the  value  of  the  whole  taxable  property  in  said  sanitary 
district  as  ascertained  by  the  last  assessment  for  municipal  or  sanitary 
district  purposes,  respectively,  previous  to  the  incurring  of  such  indebted- 
ness. The  amount  of  indebtedness  of  the  sanitary  district  shall,  upon 
request  of  the  city  comptroller,  be  certified  to  such  comptroller  by  the 
clerk  of  the  board  of  trustees  of  the  sanitary  district  under  the  seal  of 
such  board.  If  the  city  comptroller  questions  the  correctness  of  such 
certificate  the  amounts  in  dispute  may  be  determined  summarily  by 
the  circuit  court  of  Cook  County  upon  proceedings  brought  by  the  City 
of  Chicago  against  the  sanitary  district  for  that  purpose.  The  certificate 
of  the  clerk  of  the  sanitary  district  or  judgment  of  the  circuit  court,  as 
the  case  may  be,  shall  be  recorded  in  the  office  of  the  recorder  of  deeds 
of  Cook  County  and  the  amount  thus  recorded  shall  be  conclusive  as 
to  the  city's  proportionate  share  in  the  indebtedness  of  the  Sanitary 
District  of  Chicago  for  the  purposes  herein  contemplated. 

13 — 4.  For  the  purpose  of  raising  funds  or  securing  any  indebted- 
ness, the  city  council  may  issue  interest  bearing  coupon  bonds,  either 
registered  or  payable  to  bearer,  or  other  evidences  of  indebtedness  or 
obligations,  pledging  the  faith  and  credit  of  the  city  for  their  payment. 
Such  issue  shall  be  authorized  by  ordinance,  stating  the  amount  of  the 
issue  and  the  purpose  or  purposes  for  which  such  bonds  or  obligations 
are  to  be  issued.  Such  bonds  or  obligations  shall  be  issued  in  such 
denominations,  payable  in  currency  or  in  gold  or  silver  coin,  bearing 

103 


such  rate  of  interest,  payable  quarterly,  semi-annually  or  annually,  not 
exceeding  six  per  cent  per  annum,  and  payable  at  such  time  or  times, 
not  exceeding  twenty  years  from  the  date  of  issue,  and  at  such  place  or 
places  and  with  such  conditions  as  to  optional  payment  before  maturity, 
as  the  ordinance  authorizing  the  issue  may  prescribe.  Each  such  bond 
or  obligation  shall  bear  the  signature  of  the  mayor  and  the  city  comp- 
troller, and  if,  according  to  the  provisions  of  this  charter  the  issue  of 
which  the  bond  forms  a  part  is  authorized  only  with  the  consent  or 
upon  request  or  application  of  any  particular  department  of  the  city,  it 
shall  also  bear  upon  its  face,  or  have  endorsed  upon  it,  a  certificate  of 
such  consent,  request  or  application,  bearing  the  signature  (which  may 
be  engraved  or  otherwise  manifolded  in  facsimile)  of  the  presiding 
officer  of  such  department,  and  such  certificate  shall  be  conclusive  as  to 
the  fact  of  such  consent,  request  or  application.  Bonds  or  other  ob- 
ligations shall  not  be  issued  at  less  than  par  value. 

13 — 5.  The  city  council  shall  before  or  at  the  time  of  authorizing 
such  bond  issue,  by  ordinance  provide  for  the  collection  of  a  direct 
annual  tax  sufficient  to  pay  the  interest  on  such  bonds  as  it  falls  due, 
and  also  to  pay  and  discharge  the  principal  thereof  at  the  time  such 
principal  shall  fall  due. 

13 — 6.  The  city  shall  have  the  authority,  out  of  any  moneys  in 
any  sinking  fund  that  may  be  provided  for  the  retirement  of  such  bonds 
or  obligations,  to  purchase  in  open  market  any  of  such  bonds  or  obliga- 
tions at  the  fair  market  value  thereof. 

13 — 7.  Except  as  provided  in  the  section  next  following,  no  or- 
dinance authorizing  the  issue  of  bonds  or  other  obligations  shall  take 
effect  unless  and  until  the  same  shall  have  been  submitted  to  the  voters 
of  the  city  and  approved  by  a  majority  of  such  voters  voting  upon  the 
question  in  the  manner  provided  for  the  submission  of  questions  to 
popular'  vote. 

13 — 8.  Bonds  may  be  issued  to  refund  any  existing  funded  indebt- 
edness without  submission  to  popular  vote. 

13 — 9.  The  failure  to  comply  with  any  of  the  requirements  herein 
contained  with  reference  to  the  form  or  manner  of  issuing  bonds  or 
other  obligations  of  the  city  shall  not  invalidate  any  such  bond  or  ob- 

104 


ligation  in  the  hands  of  a  holder  for  vakie  if  the  same  constitutes 
equitably  a  charge  against  the  city,  or  if  the  same  would  be  valid  if 
issued  by  a  private  corporation  under  similar  conditions,  but  upon  such 
failure  appropriate  proceedings  may  be  brought  to  restrain  the  issue  of 
such  bonds  or  to  compel  compliance  with  the  law. 

13 — 10.  The  city  council  may  borrow  money,  upon  warrants  for 
municipal  purposes;  such  moneys  to  be  repaid  not  later  than  the  end 
of  the  next  fiscal  year.  Such  warrants  may  bear  interest  at  a  rate  not 
exceeding  six  per  centum  per  annum.  No  money  shall  be  borrowed 
on  warrants  in  any  one  year,  unless  all  moneys  borrowed  on  warrants 
in  any  prior  year  have  been  fully  repaid. 

13 — 11.  Whenever  there  is  not  sufficient  money  in  the  city  treasury 
available  to  meet  and  defray  the  ordinary  and  necessary  expenses  of 
the  city,  it  shall  be  lawful  for  the  city  council  to  provide  a  fund  to  meet 
said  expenses  by  issuing  and  disposing  of  warrants  drawn  against  and 
in  anticipation  of  any  taxes  already  levied  by  the  city  for  the  payment 
of  the  ordinary  expenses  of  the  city  to  the  extent  of  seventy-five  per  cent 
of  the  total  amount  of  any  such  tax  levied.  All  warrants  drawn  and 
issued  under  the  provisions  of  this  section  shall  show  upon  their  face 
that  they  are  payable  solely  from  said  taxes  when  collected  and  not 
otherwise,  and  shall  be  received  by  the  collector  of  taxes  in  payment 
of  the  taxes  against  which  they  are  issued,  and  the  taxes  against  which 
said  warrants  are  drawn  shall  be  set  apart  and  held  for  their  payment. 

1^ — 12.  Every  warrant  issued  under  the  provision  of  the  preceding 
section  shall,  unless  paid  within  thirty  days  after  its  issuance,  bear 
interest  payable  only  out  of  the  taxes  against  which  it  shall  be  drawn 
at  the  rate  not  exceeding  five  per  cent  (as  specified  in  the  warrant) 
per  annum  from  the  date  of  its  issuance  until  paid  or  until  notice  shall 
be  given  by  publication  in  a  newspaper  or  otherwise  that  money  for 
its  payment  is  available  and  that  it  will  be  paid  on  presentation. 

13 — 13.  The  City  of  Chicago,  by  the  acceptance  of  this  charter 
assumes  the  indebtedness  of  all  local  governments  hereby  consolidated 
with  it,  including  bonds  issued  under  statutes  intended  to  apply  to 
particular  corporate  authorities. 


105 


ARTICLE  XIV. 


Streets  and  Public  Places. 

1^1 — 1.  The  city  council  shall  have  power  to  lay  out,  establish,  open, 
alter,  widen,  extend,  grade,  pave  or  otherwise  improve  streets,  alleys, 
avenues,  sidewalks  and  crosswalks,  wharfs  and  other  public  grounds 
and  places,  and  regulate"  the  use  thereof,  and  shall  provide  for  lighting 
and  cleaning  the  same  and  for  keeping  them  in  repair  and  free  from 
encroachments  and  obstructions  and  from  offensive  matter. 

14 — 2.  The  city  council  shall  have  power  to  provide  for  the  con- 
struction and  repair  of  bridges,  viaducts,  subways,  tunnels,  culverts, 
drains  and  sewers. 

14 — 3.  The  city  council  shall  have  power,  by  condemnation  or 
otherwise,  to  extend  any  street,  alley  or  highway  over,  under  or  across, 
or  to  construct  any  subway  or  sewer  under  or  through,  any  railroad 
track,  right  of  way  or  land  of  any  railroad  company,  but  where  no  com- 
pensation is  made  to  such  railroad  company  the  city  shall  restore  such 
railroad  track,  right  of  way  or  land  to  its  former  state,  or  in  a  sufficient 
manner  not  to  have  impaired  its  usefulness. 

14 — 4.  The  city  council  shall  have  power  to  permit  the  use  of 
space  more  than  twelve  feet  above  the  level  of  the  surface  of  streets, 
alleys  or  other  public  places,  for  private  purposes  not  substantially  im- 
pairing the  full,  safe  and  free  public  use  and  enjoyment  of  such  streets, 
alleys  or  public  places,  upon  payment  of  compensation  to  the  city,  to  be 
fixed  under  general  ordinance. 

No  such  permit  shall  be  granted  for  a  term  longer  than  ten  years, 
and  every  such  permit  shall  be  subject  to  earlier  revocation  by  the  city 
council  at  any  time. 

This  section  shall  not  apply  to  permits,  licenses  or  grants  for  public 
utility  purposes. 

14 — 5.  Any  map,  plat  or  subdivision  of  land  shall  be  submitted  for 
approval  to  the  city  council  or  to  some  officer  designated  by  it,  in  order 
to  secure  the:  conformity  of  such  map,  plat  or  subdivision  to  the  system 
or  plan  of  streets,  alleys  and  public  places  established  by  or  under 
statute  or  ordinance,  or  to  any  other  lawful  requirement,  and  upon  being 

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approved,  shall  be  entitled  to  record  in  the  office  of  the  recorder  of 
Cook  County. 

14 — 6.  The  city  shall  have  power  to  deepen,  widen,  dock,  cover,  wall, 
alter  or  change  channels  of  water  courses  and  to  acquire,  construct  and 
keep  in  repair  or  close  up  canals,  slips,  public  landing  places,  wharfs,, 
docks  and  levees,  and  to  collect  wharfage  and  dockage  from  all  boats 
or  other  craft  landing  at  or  using  any  public  landing  place,  wharf,  dock 
or  levee,  also  to  establish  and  maintain  ferries. 

14 —  7.  The  city  council  may  provide  for  the  construction  and 
maintenance  of  outlet  sewers,  either  within  or  outside  of,  or  partly 
within  and  partly  outside  of  the  limits  of  the  city,  into  which  sewers 
of  said  city  may  be  emptied  and  through  which  they  may  discharge  their 
sewage  for  proper  disposition,  and  for  the  construction  of  reservoirs 
and  the  erection  of  pumping  works,  and  machinery,  within  or  outside 
the  city  limits,  and  for  the  acquisition  by  purchase,  gift,  condemnation 
or  otherwise  of  all  real  and  personal  property,  rights  of  way  and  ease- 
ments within  or  without  the  city  necessary  for  the  construction  and 
maintenance  of  the  outlet  sewers  and  works  hereby  authorized. 

For  the  purpose  of  constructing  such  outlet  sewers,  rights  of  way 
may  be  condemned  across  or  along  public  highways,  or  through  the 
property  of  municipalities  or  other  public  or  private  corporations  or 
individuals  outside  of  the  city  limits.  Such  outlet  sewers  and  the 
works  necessary,  therefor  shall  be  regarded  as  local  and  public  improve- 
ments of  the  city,  but  no  property  outside  of  the  city  limits  shall  be 
taxed  or  assessed  therefor. 

The  city  may  by  contract  make  arrangements  with  property  owners 
outside  of  the  city  whereby  such  property  owners  may  be  enabled  to 
connect  their  property  with  such  outlet  sewers. 

ARTICLE  XV. 
Local  Improvements. 

15 —  1.  All  general  laws  of  the  state  relating  to  the  subject  of 
local  improvements  applicable  to  the  City  of  Chicago  at  the  time  this 
charter  takes  effect  shall  continue  in  force  in  said  city  subject  to  the 
provisions  of  this  charter. 

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Amendments  or  supplements  to  such  general  laws  hereafter  enacted 
shall,  in  the  absence  of  an  express  declaration  of  legislative  intent  to 
the  contrary,  be  construed  as  not  applying  to  the  City  of  Chicago,  if 
repugnant  to  the  provisions  of  this  charter  or  any  ordinance  passed  in 
pursuance  thereof. 

15—2.  Whenever  a  street  or  alley  shall  have  been  paved  after 
the  passage  of  this  act  by  the  general  assembly,  and  a  special  assessment 
or  special  tax  therefor  shall  have  been  confirmed,  and  a  special  assess- 
ment or  tax,  or  if  divided  into  installments,  the  first  installment  shall 
have  been  certified  for  collection,  not  more  than  fifty  (50)  per  cent  of 
the  cost  of  repaving  such  street  or  alley  at  any  future  time  shall  be 
imposed  upon  property  by  special  assessment  or  special  taxation. 

This  provision  shall  not  apply  if  the  repaving  is  petitioned  for  by 
the  owners  of  the  greater  portion  of  the  frontage  abutting  upon  the 
street  or  alley  or  portion  thereof  to  be  repaved,  and  if  such  petition  con- 
tains a  consent  that  more  than  fifty  per  cent  of  the  cost  of  repaving  may 
be  imposed  upon  property  by  special  assessment  or  special  taxation. 

15 — 3.  The  city  council  shall  have  the  pov^er  by  general  ordinance 
passed  by  a  vote  of  three-fourths  of  all  its  members  to  make  provisions 
regarding  the  time  and  manner  of  notice,  regarding  the  number  of  install- 
ments into  which  assessments  may  be  divided,  regarding  the  time  of  pay- 
^  ment  of  assessments  and  the  payment  of  the  interest  upon  the  same,  also 
regarding  the  form,  the  terms,  and  conditions  of  the  payment  of,  im- 
provement bonds  and  the  provisions  of  any  general  local  improvement 
act  of  the  state  upon  any  of  these  subjects  shall  be  operative  in  the 
City  of  Chicago  only  in  the  absence  of  any  different  provision  upon  the 
same  subject  made  under  the  power  hereby  granted. 

15 — 4.  If  the  board  of  local  improvements  shall  at  any  time  within 
one  week  after  the  opening  of  the  bids  submitted  for  the  construction 
of  any  local  improvement,  decide  that  such  bids  are  too  high  and  that 
the  work  can  be  done  by  the  city  itself  at  a  lower  price,  and  shall  so 
report  to  the  city  council,  the  city  council  may,  by  ordinance  duly  passed 
for  that  purpose,  authorize  the  board  of  local  improvements  to  construct 
said  local  improvement  and  to  purchase  the  materials  and  employ  the 
labor  required  for  such  construction  and  acquire  and  maintain  such  plant 

108 


as  may  be  advisable,  in  which  case  the  city  shall  be  deemed  and  con- 
sidered as  the  successful  bidder  at  a  price  five  per  cent  (5%)  below 
that  submitted  by  that  of  the  lowest  responsible  bidder. 

If  the  construction  of  said  improvement  costs  the  city  more  than 
ninety-five  per  cent  (95%)  of  such  lowest  and  best  bid,  such  additional 
cost  shall  be  paid  by  the  city  out  of  its  general  fund. 

If  the  city  shall  construct  said  local  improvement  at  less  cost  than 
95  per  cent  of  said  lowest  and  best  bid,  as  aforesaid,  the  amount  of  the  sav- 
ing thus  effected  shall  be  credited  to  the  property  owners  so  assessed,  and 
their  respective  assessments  shall  be  abated  accordingly,  in  accordance 
with  the  provisions  of  Sections  84,  92  and  93  of  an  act  concerning  local 
improvements,  approved  June  14,  1897. 

15—5.  Whenever  the  making  of  a  local  improvement  requires  the 
exercise  of  the  right  of  eminent  domain  and  the  levying  of  an  assess- 
ment for  the  payment  of  compensation  to  the  owners  of  private  property 
to  be  taken  or  damaged  for  said  improvement,  such  assessment  may 
at  the  discretion  of  the  city  council  be  made  payable  in  one  sum  or  in 
such  annual  installments  not  to  exceed  twenty,  as  the  said  city  council 
may,  in  the  ordinance  for  the  making  of  such  improvement  and  the 
levying  of  such  assessment  provide ;  and  bonds  may  be  issued  to  antici- 
pate the  collection  of  such  assessment  in  like  manner,  as  near  as  may 
be,  as  provided  by  law  for  the  issuance  of  bonds  to  anticipate  the  col- 
lection of  special  assessments  levied  for  the  payment  of  the  cost  of 
local  improvements  which  do  not  involve  the  exercise  of  the  right  of 
eminent  domain.  Bonds  issued  for  the  purpose  of  anticipating  the  col- 
lection of  an  assessment  to  pay  the  compensation  so  awarded  to  the 
owner  of  the  property  so  taken  or  damaged,  may  be  sold  by  the  city 
at  not  less  than  the  par  value  thereof,  and  the  city  may  secure  the 
prompt  payment  at  maturity  of  such  bonds  and  interests  as  provided 
in  the  next  section. 

15—6.  The  city  council  may  by  ordinance  provide  for  the  crea- 
tion and  maintenance  of  a  special  fund,  to  be  used  for  the  prevention 
of  default  in  the  payment  of  any  special  assessment  vouchers  and 
bonds  at  maturity,  and  may  in  the  annual  appropriation  ordinance 
make  an  application  for  such  purpose. 

109 


15 —  7.  Any  arliclc,  material  or  process  covered  by  letters  patent 
granted  1)>  the  Ignited  States  (iovernnient,  may  be  prescribed  in  the 
ordinance  for  the  making-  of  any  proposed  public  improvement,  or 
may  be  provided  for  in  the  specifications  for  any  proposed  pubbc 
improvement  where  the  passage  of  an  ordinance  is  not  required,  if 
prior  to  the  passage  of  such  ordinance  or  the  making  of  such  specifica- 
tions, the  owner  or  owners  of  such  patent  rights  shall  agree  in  writ- 
ing with  the  city  to  allow  the  use  of  such  patent  rights,  and  to  sell 
such  article,  material  or  process  at  a  uniform  stated  price,  either  to 
such  city  or  to  any  contractor  to  whom  such  contract  may  be  awarded 
for  the  making  Of  suqh  improvement. 

Provided,  however.  That  when  any  ordinance  or  specifications 
provide  for  the  use  of  any  such  article,  material  or  process,  all  bids 
received  for  the  making  of  such  improvement  shall  be  upon  the 
express  condition,  that  the  article,  material  or  process  specified,  can 
be  procured  at  the  price  and  upon  the  terms  mentioned  in  the  agree- 
ment made  by  the  owner  or  owners  of  such  patent  rights,  as  above 
provided  for. 

Provided  further,  however,  That  no  ordinance  shall  be  passed  for 
a  pavement,  any  part  of  which  is  covered  by  letters  patent,  where  the 
same  or  any  part  thereof  is  to  be  paid  for  by  special  assessment, 
unless  the  owners  of  a  majority  of  the  frontage  on  any  proposed  im- 
provement petition  in  writing  for  the  same. 

ARTICLE  XVI. 
Public  Utilities. 

16 —  1.  The  City  of  Chicago  shall  have  full  power  and  authority 
to  own,  maintain  and  operate  within  the  limits  of  the  city  any  public 
utility  works  for  the  use  of  the  city  and  thfe  property  therein  and  the 
inhabitants  thereof  (including  street  and  other  intramural  railways, 
subways  and  tunnels,  telephone,  telegraph,  gas  and  electric  lighting, 
heating,  refrigerating  and  power  plants),  and  to  fix  the  rates  and 
charges  for  the  services  rendered  by  means  of  such  utilities  and  for 
this  purpose  to  acquire  by  purchase,  condemnation,  construction  or 

110 


/ 


otherwise  whatever  property  real  or  personal  may  be  necessary  or 
appropriate,  and  to  lease  the  same  to  any  person  or  corporation  auth- 
orized under  the  laws  of  the  state  to  operate  the  same,  for  the  purpose 
of  operating  the  same  for  any  period  not  longer  than  twenty  years, 
upon  such  terms  and  conditions  as  the  city  council  shall  deem  for  the 
best  interests  of  the  public. 

16 — 2.  No  person  or  corporation  shall  have  the  right  to  locate, 
•construct,  maintain  or  operate  any  public  utility  (including  street 
and  other  intramural  railway,  subways  and  tunnels,  telephone,  tele- 
graph, gas  and  electric  lighting,  heating,  refrigerating  and  power 
plants)  in,  over,  under,  upon  or  along  the  streets,  alleys  or  other 
public  places  of  the  City  of  Chicago  without  the  consent  of  the  cor- 
porate authorities  of  said  city,  which  consent  may  be  granted  for  a 
period  not  longer  than  twenty  years,  upon  such  terms  and  conditions 
as  such  corporate  authorities  shall  deem  for  the  best  interests  of  the 
public,  provided  no  such  consent  shall  be  granted  except  on  the  condi- 
tion that  the  person  or  corporation  to  which  such  consent  is  given 
will  pay  all  damages  to  owners  of  property  which  they  may  sustain 
by  reason  of  the  location,  construction  or  operation  of  the  same,  and 
for  which  they  may  be  entitled  to  compensation  under  the  constitution 
and  laws  of  this  state ;  and  no  such  consent  (other  than  a  consent  to 
have  industrial  or  commercial  establishments  connected  by  side  or 
switch-tracks  with  railroads  for  the  carrying  of  freight  only)  for  a 
longer  period  than  five  years  shall  go  into  effect  until  sixty  days  after 
the  passage  of  the  ordinance  therefor  by  the  city  council,  and  if  within 
such  sixty  days  there  shall  be  filed  with  the  city  clerk  of  the  said  city 
a  petition  signed  by  ten  per  cent  of  the  registered  voters  of  the  city, 
as  shown  by  the  last  preceding  election  for  mayor,  requesting  that 
the  granting  of  such  consent  be  submitted  to  popular  vote,  such  con- 
sent shall  not  be  effective  until  the  question  of  granting  such  consent 
shall  first  have  been  submitted  to  popular  vote  at  any  regular  or 
special  election  in  the  city  and  shall  have  been  approved  by  a  majority 
of  those  voting  thereon. 

16—3.  Every  such  grant  shall  be  subject  to  the  right  of  the 
corporate  authorities  of  the  city  to  control  the  use,  improvement  and 

111 


.  repair  of  such  streets,  alleys  and  other  public  places  to  the  same  extent 
as  if  such  grant  had  not  been  made,  and  to  make  all  necessary  or 
appropriate  police  regulations  concerning  the  erection,  construction, 
maintenance,  use  and  operation  of  the  property  or  structure  thereby 
permitted,  whether  such  right  is  reserved  in  the  grant  or  not,  and  the 
right  to  make  such  regulations  whether  reserved  or  not,  shall  include 
the  right  to  make  reasonable  regulations  of  the  charges  to  be  made 
in  the  operation  of  such  public  utility.   The  city  shall  have  no  power 
to  grant  away  or  limit  the  subsequent  exercises  of  this  right,  except 
that  the  question  of  reasonableness  of  any  such  regulation  of  charges 
shall  always  be  determined  with  due  regard  to  the  provisions  and 
limitations  of  the  grant  under  which  such  public  utility  is  being  oper- 
ated.    Any  right  of  regulation  shall  further  include  the  right  to 
require  adequate  service  to  the  public  and  reasonable  extensions  of 
such  service  and  of  such  public  utility  works.   No  grant  made  by  the 
city  for  any  public  utility  shall  be  leased,  assigned  or  otherwise  aliened 
without  the  express  consent  of  the  city  and  no  dealings  with  the  lessee 
or  assign  on  the  part  of  the  city,  or  requiring  the  performance  of  any 
act  of  payment  of  any  compensation  by  the  lessee  or  assign  shall  be 
deemed  to  operate  as  such  consent. 

Provided,  that  nothing  herein  shall  be  construed  to  prevent  the 
owners  of  such  grant  from  including  it  in  a  mortgage  or  trust  deed 
executed  for  the  purpose  of  obtaining  money  for  corporate  purposes. 

16 — 4.  The  city  council  shall  have  power  to  require  the  person 
or  corporation  owning  or  operating  any  public  utility  within  the 
city  to  make  to  the  city  properly  verified  reports  of  the  character  and 
amount  of  business  d6ne  by  such  person  or  corporation,  including  the 
amount  of  receipts  from  and  expenses  of  conducting  said  business, 
may  whenever  the  interests  of  the  city  may  require  it  by  resolution 
passed  for  that  purpose  authorize  the  comptroller  or  a  certified  public 
accountant  to  examine  the  books  of  account  and  records  of  every  per- 
son or  corporation  which  relate  to  the  conduct  of  such  business,  and 
verify  the  same  by  an  examination  of  the  actual  condition  of  its 
property. 

112 


16 — 5.  The  charges  fi:xed  by  the  city  for  the  services  rendered 
by  it  by  means  of  such  public  utility  works  by  the  city  shall  be  high 
enough  to  produce  a  revenue  sufficient  to  bear  all  cost  of  maintenance 
and  operation  and  to  meet  interest  charges  on  bonds  and  certificates 
issued  on  account  thereof,  and  to  permit  the  accumulation  of  a  surplus 
or  sinking  fund  that  shall  be  sufficient  to  meet  all  such  outstanding 
bonds  or  certificates  at  maturity. 

16 — 6.  It  shall  be  lawful  for  the  city  to  incorporate  in  any  public 
utility  grant  the  reservation  of  the  right  on  the  part  of  the  city  to  take 
over  all  or  any  part  of  the  property,  plan,  or  equipment  used  in  the 
operation  of  such  public  utility,  at  or  before  the  expiration  of  such 
grant,  upon  such  terms  and  conditions  as  may  be  provided  in  the 
grant,  and  it  shall  also  be  lawful  to  provide  in  any  such  grant  that  in 
case  such  reserved  right  be  not  exercised  by  the  city  and  it  shall  grant 
the  right  to  another  person  or  corporation  to  operate  such  public 
utility  in  the  streets  and  parts  of  streets  occupied  by  its  grantee  under 
the  former  grant,  the  new  grantee  shall  purchase  and  take  over  the 
property  located  in  such  streets  and  parts  of  streets  upon  the  terms 
upon  which  the  city  might  have  taken  it  over. 

16 — 7.  The  city  council  shall  have  no  power  to  pass  any  ordi- 
nance granting  to  any  person  or  corporation  the  right  or  privilege  to 
lay,  upon,  under  or  over  the  surface  of  any  street,  alley  or  public 
place,  any  railroad  track,  or  pipe  for  the  distribution  of  inflammable 
gas  for  fuel  or  lighting  purposes  or  any  wires,  on,  over  or  by  which 
electricity  for  lighting  purposes  is  to  be  used,  conveyed  or  distributed, 
except  upon  petition  or  with  the  consent  of  the  owners  of  the  land 
representing  more  than  one-half  of  the  frontage  of  such  street,  alley 
or  public  place,  or  so  much  thereof  as  is  sought  to  be  used  for  any  of 
the  purposes  before  mentioned;  and  when  the  street,  alley  or  public 
place  or  part  thereof  sought  to  be  used  shall  be  more  than  one  mile  in 
extent,  no  petition  or  consent  of  land  ow^ners  shall  be  valid  unless  the 
same  is  signed  by  the  owners  of  the  land  representing  more  than  one- 
half  of  the  frontage  of  each  mile  and  of  the  fraction  of  a  mile,  if  any, 
m  excess  of  the  whole  mile,  measuring  from  the  initial  point  named 

113 


in  such  petition,  of  such  street,  alley  or  public  place  or  of  the  part 
thereof  sought  to  be  used  for  the  purposes  above  mentioned  or  either 
of  them. 

J3efore  the  city  shall  itself  lay  or  place  any  track,  rail  or  structure 
over  and  upon  (but  not  below  the  surface  of)  any  street,  alley  or 
public  place  for  purposes  of  transportation  or  the  operation  of  any 
tramway,  car  line  or  railroad,  it  shall  be  required  to  secure  the  consent 
of  owners  as  in  this  section  required,  subject  to  all  the  conditions  and 
provisions  of  this  section ;  but  in  no  other  case  shall  the  city  itself  be 
required  to  secure  such  consent  for  its  purposes. 

This  section  shall  not  apply  to  any  ordinance  by  which  the  city 
council  may  consent  to'  the  use  of  the  streets  or  alleys  of  the  city  by 
the  Sanitary  District  of  Chicago^  for  the  purpose  of  conveying  heat, 
light  or  power  from  any  electric  power  plant  owned  by  such  sanitary 
district. 

16 — 8.  The  city  shall  not  itself  proceed  to  operate  any  such 
public  utility  for  the  use  or  benefit  of  private  consumers  or  users,  for 
hire  or  charge  for  such  consumption  or  use,  unless  the  proposition  to 
operate  shall  first  have  been  submitted  to  the  electors  of  the  city  as  a 
separate  proposition  and  approved  by  a  majority  of  those  voting 
thereon;  but  the  city  may,  without  such  submission  and  approval, 
sell  electricity  for  heat,  light  or  power  within  the  limits  of  the  city, 
generated  from  any  electric  lighting  plant  owned  and  operated  by  the 
city  for  the  city's  own  use. 

16 — 9.  No  ordinance  authorizing  the  lease  of  any  public  utility 
'  for  private  operation  for  a  longer  period  than  five  years,  nor  any 
ordinance  renewing  any  lease  for  a  period  longer  than  five  years,  shall 
go  into  effect  until  the  expiration  of  sixty  days  from  and  after  its 
passage,  and  if  within  such  sixty  days  there  is  filed  with  the  city  clerk 
of  such  city,  a  petition  signed  by  ten  per  cent  of  the  voters  voting 
at  the  last  preceding  election  for  mayor  in  such  city  asking  that  such 
ordinance  be  submitted  to  popular  vote,  then  such  ordinance  shall  not 
go  into  effect  unless  the  question  of  the  adoption  of  such  ordinance  be 
submitted  to  the  electors  of  the  city  and  approved  by  a  majority  of 
those  voting  thereon. 

114 


The  rental  reserved  on  any  such  lease  shall  not  be  less  than  a 
sufficient  sum  to  meet  the  annual  interest  and  sinking  fund  charges 
upon  the  outstanding  bonds  and  public  utility  certificates  issued  by 
the  said  city  on  account  of  such  public  utility. 

16—10.  For  the  purpose  of  acquiring  any  such  pul)lic  utility  or 
the  property  necessary  or  appropriate  for  the  operation  thereof,  either 
by  purchase,  condemnation  or  construction,  the  city  may  borrow 
money  and  issue  negotiable  bonds  therefor,  pledging  the  faith  and 
credit  of  the  city,  but  no  such  bonds  shall  be  issued  unless  the  proposi- 
tion to  issue  the  same  shall  first  have  been  submitted  to  the  electors 
of  such  city  and  approved  by  two-thirds  of  those  voting  thereon,  nor 
in  an  amount  in  excess  of  the  cost  to  the  city  of  the  property  for  which 
said  bonds  are  isssued  and  ten  per  cent  of  such  cost  in  addition  thereto. 

16 — 11.  In  valuing  any  public  utility  property  for  the  purpose  of 
acquiring  the  same  (except  where  any  street  railroad  property  to  be 
acquired  was  on  the  first  day  of  July,  1903,  operated  under  then 
existing  franchises,  or  where  any  other  public  utility  to  be  acquired  is, 
at  the  time  of  the  taking  effect  of  this  charter,  operated  under  then 
existing  franchises)  no  sum  shall  be  included  as  the  value  of  any  earning 
power  of  such  property,  or  of  the  unexpired  portion  of  any  franchise 
granted  by  the  city.  In  acquiring  public  utility  property  by  condemna- 
tion, the  city  shall  proceed  in  the  manner  provided  by  law  for  the 
taking  and  condemning  of  private  property  for  public  use. 

16 — 12.  In  lieu  of  issuing  bonds  pledging  the  faith  and  credit  of 
the  city,  as  hereinbefore  provided,  the  city  may  issue  and  dispose  of 
interest  bearing  certificates,  hereinafter  called  public  utility  certificates, 
which  shall,  under  no  circumstances,  be  or  become  an  obligation  or 
liability  of  the  city  or  payable  out  of  any  general  fund  thereof,  but 
shall  be  payable  solely  out  of  the  revenues  or  income  to  be  derived 
from  the  public  utility  property  for  the  acquisition  of  which  they 
were  used.  Such  certificates  shall  not  be  issued  and  secured  on  any 
public  utility  property  in  an  amount  in  excess  of  the  cost  to  the  city 
of  such  property,  as  hereinbefore  provided,  and  ten  (10)  per  cent  of 
such  cost  in  addition  thereto.    In  order  to  secure  the  payment  of  any 

115 


such  public  utility  certificates  and  the  interest  thereon,  the  city  may 
convey,  by  way  of  mortg^aj^^c  or  deed  of  trust,  any  or  all  of  the  public 
utility  property  acquired,  or  to  be  acquired,  through  the  issue  thereof; 
which  mortgage,  or  deed  of  trust,  shall  be  executed  in  such  manner 
as  may  be  directed  by  the  city  council  and  acknowledged  and  re- 
corded in  the  manner  provided  by  law  for  the  acknowledgement  and 
recording  of  mortgages  of  real  estate,  and  may  contain  such  provisions 
and  conditions  not  in  conflict  with  the  provisions  of  this  act  as  may  be 
deemed  necessary  to  fully  secure  the  payment  of  the  public  utility 
certificates  described  therein.    Any  such  mortgage  or  deed  of  trust 
may  carry  the  grant  of  a  privilege  or  right  to  maintain  and  operate  the 
public  utility  property  covered  thereby,  for  a  period  not  exceeding 
twenty  (20)  years  from  and  after  the  date  such  property  may  come 
into  the  possession  of  any  person  or  corporation  as  the  result  of  fore- 
closure proceedings;   which  privilege  or  right  may  fix  the  rates  or 
charges  which  the  person  or  corporation  securing  the  same  as  the 
result  of  foreclosure  proceedings  shall  be  entitled  to  charge  in  the 
operation  of  said  property  for  a  period  not  exceeding  twenty  (20) 
years.    Whenever  and  as  often  as  default  shall  be  made  in  the  pay- 
ment of  any  public  utility  certificates  issued  and  secured  by  a  mort- 
gage or  deed  of  trust,  as  aforesaid,  or  in  the  payment  of  the  interest 
thereon  when  due,  and  any  such  default  shall  have  continued  for  the 
space  of  twleve  (12)  months,  after  notice  thereof  has  been  given  to  the 
mayor  and  comptroller,  it  shall  be  lawful  for  any  such  mortgagee, 
or  trustees,  upon  the  request  of  the  holder  or  holders  of  a  majority 
in  amount  of  the  certificates  issued  and  outstanding  under  such 
mortgage  or  deed  of  trust,  to  declare  the  whole  of  the  principal  of 
all  such  certificates  as  may  be  outstanding,  to  be  at  once  due  and 
payable,  and  to  proceed  to  foreclose  such  mortgage  or  deed  of  trust 
in  any  court  of  competent  jurisdiction.    At  a  foreclosure  sale,  the 
mortgagee  or  the  holders  of  such  certificates  may  become  the  pur- 
chaser or  purchasers  of  the  property  and  the  rights  and  privileges 
sold,  if  he  or  they  be  the  highest  bidders.    Any  pubHc  utilities 
acquired  under  any  such  foreclosure  shall  be  subject  to  regulation 

k,.  116 


by  the  corporate  authorities  of  the  city  to  the  same  extent  as  if  the 
right  to  construct,  maintain  and  operate  such  property  had  been 
acquired  through  a  direct  grant  without  the  intervention  of  fore- 
closure proceedings.  Provided,  however,  that  no  public  utility  cer- 
tificates shall  ever  be  issued  by  the  city  under  the  provisions  of  this 
act -unless  and  until  the  question  of  the  adoption  of  the  ordinance 
of  the  city  council  authorizing  the  issue  thereof  shall  first  have 
been  submitted  to  a  popular  vote  and  approved  by  a  majority  of 
the  qualified  voters  of  the  city  voting  upon  such  question.  The 
question  shall  be  submitted  in  such  form  as  the  city  council  may  by 
ordinance  designate. 

16—13.    The  city,  when  owning  any  such  public  utility,  shall 
keep  the  books  of  account  for  such  public  utility  distinct  from  other 
city  accounts  and  in  such  manner  as  to  show  the  true  and  complete 
financial  results  of  such  city  ownership,  or  ownership  and  operation, 
as  the  case  may  be.    Such  accounts  shall  be  so  kept  as  to  show  the' 
actual  cost  to  such  city  of  the  public  utility  owned;   all  costs  of 
maintenance,  extension  and  improvement;  all  operating  expenses  of 
every  description,  in  case  of  such  city  operation;   the  amounts  set 
aside  for  sinking  fund  purposes;   if  water  or  other  service  shall  be 
furnished  for  the  use  of  such  public  utility  without  charge,  the 
accounts  shall  show,  as  nearly  as  possible,  the  value  of  such  service, 
and  also  the  value  of  such  similar  service  rendered  by  the  public 
utility  to  any  other  city  department  without  charge;  such  accounts 
shall  also  show  reasonable  allowances  for  interest,  depreciation  and 
insurance,  and  also  estimates  of  the  amount  of  taxes  that  would  be 
chargeable  against  such  property  if  owned  by  a  private  corporation. 
The  city  council  shall  cause  to  be  printed  annually  for  public  dis- 
tribution, a  report  showing  the  financial  results,  in  form  as  afore- 
said, of  such  city  ownership,  or   ownership   and   operation.  The 
accounts  of  such  public  utility,  kept  as  aforesaid,  shall  be  examined 
at  least  once  a  year  by  an  expert  accountant,  who  shall  report  to 
the  city  council  the  results  of  his  examination.   Such  expert  account- 
ant shall  be  selected  in  such  manner  as  the  city  council  may  direct, 
and  he  shall  receive  for  his  services  such  compensation,  to  be  paid 

117 


out  of  the  income  or  revenues  from  such  public  utility,  as  the  city 
council  may  prescribe. 

16 — 14.  The  city  shall  have  power  to  acquire,  construct,  main- 
tain and  operate  or  lease  for  operation,  wharves,  docks  and  levees^ 
and  in  connection  therewith,  elevators,  warehouses  and  vaults,  sub- 
ject to  the  provisions  and  limitations  (other  than  those  regarding 
frontage  consents)  prescribed  in  this  article  with  regard  to  public 
utilities. 

16 —  15.  Nothing  in  this  article  contained  shall  be  construed  to 
apply  to  waterworks  owned  and  operated  by  the  City  of  Chicago. 

ARTICLE  XVII. 
Water  Supply. 

17 —  1,  The  city  shall  continue  to  maintain  and  operate  its 
water  works  and  shall  have  power  to  extend  the  same,  and  may  for 
this  purpose  condemn  water  works  privately  owned,  and  the  juris- 
diction of  the  city  for  the  purpose  of  preventing  or  punishing  any 
pollution  or  injury  of  the  sources  of  its  water  supply  shall  extend 
five  miles  beyond  its  corporate  limits,  or  so  far  as  the  source  of 
such  supply  may  extend. 

17 — 2.  The  city  council  shall  have  power  to  make  all  needful 
rules  and  regulations  concerning  the  use  of  water  supplied  by  the 
water  works  of  the  city,  and  to  do  all  acts -and  make  such  rules  and 
regulations  for  the  construction,  completion,  management  or  control 
of  the  water  works,  and  for  the  levying  and  collecting  of  any  water 
taxes,  rents,  rates  or  assessments,  as  the  said  city  council  may  deem  neces- 
sary and  expedient;  and  such  water  taxes,  rents,  rates  or  assessments 
may  be  levied  or  assessed  upon  any  lot  or  parcel  of  ground,  having  a 
building  or  buildings  thereon,  which  shall  abut  or  join  any  street^ 
avenue  or  alley  in  the  city  through  which  the  distributing  pipes  of 
such  water  works  of  the  city  are  or  may  be  laid,  which  can  be 
conveniently  supplied  with  water  from  said  pipes,  whether  the  water 
shall  be  used  on  such  lot  or  parcel  of  ground  or  not;  and  the  same,. 

118 


when  so  levied  or  assessed,  shall  become  a  continuing  lien  or  charge 
upon  such  lot  or  parcel  of  ground,  building,  or  buildings,  situated 
thereon,  and  such  lien  or  charge  may  be  collected  or  enforced  in 
such  manner  as  the  city  council  may  by  ordinance  prescribe.  And 
the  corporate  authorities  may  levy  a  general  tax  for  the  construction 
and  maintenance  of  such  water  works,  and  appropriate  money  there- 
for. . 

17 — 3.  The  city  council  shall  have  power  to  prescribe  by  ordi- 
nance the  maximum  rates  and  charges  for  the  supply  of  water  which 
in  any  portion  of  the  city  may  be  furnished  by  any  private  person 
or  corporation  for  the  use  of  the  inhabitants  of  such  portion  of  the 
city. 

17 —  4.  Whenever  there  is  not  sufficient  money  in  the  city  treas- 
ury available  to  meet  and  defray  the  ordinary  and  necessary  expenses 
of  the  water  department,  it  shall  be  lawful  for  the  city  comptroller 
to  provide  a  fund  to  meet  said  expenses  by  issuing  and  disposing 
of  warrants  drawn  against  and  in  anticipation  of  any  water  taxes 
already  levied  by  the  city  for  the  payment  of  the  ordinary  expenses 
of  said  water  department  to  the  extent  of  seventy-five  per  cent  of 
the  total  amount  of  the  water  taxes  levied.  All  warrants  drawn  and 
issued  under  the  provisions  of  this  section  shall  show  upon  their  face 
that  they  are  payable  solely  from,  said  water  taxes  when  collected, 
and  not  otherwise,  and  shall  be  received  by  the  collector  of  water 
taxes  in  payment  for  the  taxes  against  which  they  are  issued,  and 
the  water  taxes  against  which  said  warrants  are  drawn  shall  be 
set  apart  and  held  for  their  payment. 

ARTICLE  XVIII. 
Parks. 

18 —  1.  The  term  parks,  as  used  in  this  act,  shall  be  held  to 
include  all  lands  improved  as  parks  or  held  or  set  apart  for  future 
improvement  as  parks  or  forest  preserves,  city  squares  or  commons 
placed  under  the  management  of  the  department  of  parks,  structures 
placed  in  or  on  the  boundary  lines  of  the  parks  or  erected  for  their 

110 


protection,  such  as  walls  and  breakwaters,  all  waters  and  beaches 
placed  under  the  control  of  the  department  of  parks,  all  driveways, 
boulevards  and  other  streets  placed  under  the  control  of  the  depart- 
ment of  parks,  and  all  other  open  public  places  used  for  purposes , 
of  recreation  or  pleasure  of  the  public,  unless  established  for  the 
use  of  any  other  city  department  and  paid  for  out  of  the  funds  appro- 
priated for  such  department,  with  all  appurtenances  belonging  to  a 
fully  equipped  park  system.  The  terms  parks,  city  parks,  or  parks 
of  the  city  shall  include  all  such  lands  whether  situated  within  or 
outside  of  the  city  limits  of  the  City  of  Chicago. 

18 — 2.  The  parks  of  the  city  shall  be  under  the  management 
and  control  of  a  city  department  of  parks,  at  the  h^ead  of  which  there 
shall  be  a  board  of  park  commissioners  of  the  City  of  Chicago.  The 
department  of  parks  shall  take  charge  of  all  parks  heretofore  man- 
aged by  park  boards  or  boards  of  park  commissioners. 

18 — 3.  The  board  of  park  commissioners  shall  consist  of  nine 
members  appointed  by  the  mayor,  with  the  consent  of  two-thirds  of 
all  the  members  of  the  city  council.  Three  of  the  members  of  said 
board  shall  be  residents  of  that  portion  of  the  city  lying  north  and 
east  of  the  Chicago  River;  three  members  shall  be  residents  of  that 
portion  of  the  city  lying  south  and  east  of  the  Chicago  River,  and 
the  three  remaining  members  shall  be  residents  of  that  portion  of 
the  city  lying  west  of  the  Chicago  River,  at  the  time  of  their  appoint- 
ment and  during  their  term  of  office.  Of  the  commissioners  first 
appointed,  one  of  the  members  from  each  of  said  three  portions  of 
the  city  shall  be  appointed  for  a  term  of  two  years,  another  for  a 
term  of  four  years,  and  a  third  for  a  term  of  six  years,  and  upon 
the  expiration  of  the  term  of  each  member,  his  successor  shall  be 
appointed  for  a  term  of  six  years. 

18 — 4.  The  park  commissioners  shall  serve  without  compensa- 
tion. 

18 — 5.    The  board  of  park  commissioners  shall  elect  a  president 
from  their  own  number,  who  shall  hold  office  for  a  term  of  one  year. 
The  ayes  and  nays  shall  be  taken  and  entered  on  the  records  of 

120 


the  proceedings  of  the  board  on  all  questions  involving  the  expendi- 
ture of  money. 

18 — 6.  The  board  of  park  commissioners  shall  annually,  or 
oftener,  as  required,  make  a  report  to  the  city  council  of  the  physical 
and  financial  condition  of  the  parks. 

18 — 7.  The  board  of  park  commissioners  shall  have  the  power 
to  appoint  or  provide  for  the  appointment  of  all  employes  that  may 
be  necessary  for  the  efficient  management  of  the  department  and 
to  fix  their  compensation,  subject  to  the  power  over  appropriations 
vested  in  the  city  council. 

18 — 8.  The  City  of  Chicago  shall  be  vested  with  all  powders 
heretofore  granted  to  any  park  boards  or  park  commissioners  whose 
authority  is  abrogated  by  this  charter,  and  which  powers  have  not 
heretofore  lapsed  or  expired  and  are  not  inconsistent  with  the  provi- 
sions of  this  charter ;  and  all  powers  now  existing  with  regard  to  any 
of  said  parks  to  enlarge  the  same  by  reclaiming  submerged  lands 
under  public  waters  in  this  state  and  all  powers  and  rights  incidental 
thereto  shall  extend  to  the  submerged  lands  under  any  and  all  public 
waters  within  the  jurisdiction  of  or  bordering  upon  the  City  of  Chi- 
cago, for  the  benefit  of  all  present  and  future  parks  in  the  city. 

All  such  powers,  except  as  herein  otherwise  provided,  shall  be 
exercised  on  behalf  of  the  city  by  the  board  of  park  commissioners. 

18 — 9.  The  city  council,  upon  recommendation  of  the  park  com- 
missioners, shall  have  the,  power  to  extend  and  enlarge  the  park 
system  of  the  City  of  Chicago,  both  within  and  outside  of  the  city 
limits,  and  the  city  council,  upon  such  recommendation,  shall  have 
the  power  to  acquire  for  park  purposes  any  lands  and  other  rights 
in  real  property  in  addition  to  those  now  held  for  the  use  of  parks, 
whether  by  gift,  devise,  dedication,  purchase  or  condemnation. 

18 — 10.  The  city  council  shall  have  the  power,  with  the  consent 
of  the  board  of  park  commissioners,  to  select  and  set  apart  any 
street  or  streets  of  the  city  or  portion  thereof,  for  a  boulevard  or 
driveway,  to  be  placed  under  the  management  and  control  of  the 
board  of  park  commissioners,  subject  to  the  power  of  the  city  coun- 

121 


cil  to  authorize  the  laying  of  sewers  and  water  pipes,  and  shall  also 
have  the  power,  with  the  consent  of  said  commissioners,  to  discon- 
tinue the  use  of  such  streets  as  boulevards  and  resume  control  over 
them  as  city  streets.  No  street,  or  portion  thereof,  shall  be  changed 
into  a  boulevard,  nor  shall  any  boulevard  be  changed  back  into  a 
street,  without  the  consent  of  the  owners  of  the  greater  portion  of 
the  frontage  of  the  lots  abutting  upon  such  street  or  boulevard,  or 
portion  of  street  or  boulevard. 

The  board  of  park  commissioners  shall  have  authority  to  enter 
into  contracts  with  owners  of  property  abutting  upon  any  boulevard 
whereby  such  owners  in  consideration  of  the  location  or  continuance 
or  such  boulevard,  may  bind  themselves  to  make  annual  contribu- 
tions toward  the  maintenance  and  repair  of  the  same.  Such  con- 
tracts, if  so  provided  therein,  shall  operate  as  cdfisnants  running 
with  the  land,  and  when  recorded  in  the  office  of  the  recorder  of 
deeds  of  Cook  County  in  accordance  with  law,  the  amounts  agreed 
to  be  paid  shall  constitute  liens  upon  the  property  to  which  such 
contract  relates.  Any  such  lien  shall  expire  six  months  from  the 
time  when  it  is  recorded,  unless  before  that  time  action  is  brought 
to  enforce  it. 

18 — 11.  The  city  council  may,  with  the  consent  of '  two-thirds 
of  all  the  members  of  the  board  of  park  commissioners,  discontinue 
any  parks  or  any  portion  thereof,  by  a  vote  of  three-fourths  of  its 
members,  and  may  dispose  of  the  lands  and  property  so  discontinued 
for  park  purposes  in  the  manner  provided  by  statute  for  the  disposi- 
tion of  other  city  property  which  ceases  to  be  used  for  city  purposes. 
This  section  shall  not  apply  to  the  discontinuance  of  a  boulevard, 
w^hen  such  boulevard  is  reconverted  into  a  street. 

Personal  property, '  other  than  chattels  real,  belonging  to  the 
department  and  no  longer  needed  for  its  purposes,  may  be  sold  under 
its  direction. 

18 — 12.  The  city  council  may,  upon  the  recommendation  of  the 
board  of  park  commissioners,  establish  by  ordinance  all  needful 
rules  and  regulations  for  the  government  and  protection  of  the  public 

122 


parks.  Such  ordinances  may  provide  for  excluding  from  such  park 
all  funeral  processions,  hearses,  traffic  teams,  teaming  and  all  objec- 
tionable travel  and  traffic,  and  may  regulate  the  speed  of  vehicles  in 
the  parks. 

General  city  ordinances  now  in  force,  or  hereafter  enacted,  shall 
be  presumed  not  to  apply  to  the  parks  if  contrary  to  any  regulation 
made  under  the  authority  of  this  section. 

18  13.  All  ordinances,  for  the  violation  of  which  fines  are  im- 
posed, shall  be  published  in  such  manner  as  the  board  of  park  com- 
missioners shall  direct,  and  rules  framed  in  conformity  with  them 
shall  be  brought  to  the  notice  of  the  public  by  being  posted  in  con- 
spicuous places  in  the  parks.  When  such  ordinances  are  printed  in 
book  or  pamphlet  form,  purporting  to  be  published  by  authority  of 
the  board  of  park  commissioners,  such  book  or  pamphlet  shall  be 
received'  as  evidence  of  the  passage  and  publication  of  such  ordi- 
nances as  of  the  dates  therein  mentioned  in  all  courts  without  further 
proof. 

18—14.  The  mayor  and  chief  of  police,  upon  the  requisition  of 
the  board  of  park  commissioners,  shall,  from  time  to  time,  detail  to 
the  service  of  the  department  of  parks,  for  the  enforcement  of  the 
park  ordinances,  and  for  the  maintenance  of  good  order  in  the  parks, 
so  many  suitable  officers  and  men  as  are  necessary.  Such  officers 
and  men  shall  continue  to  be  in  all  respects  an  integral  part  of  the 
police  force  of  the  city,  and  shall  be  paid  out  of  the  funds  appropriated 
for  the  support  of  the  police  department.  These  officers  and  men 
shall  constitute  the  park  police  so  long  as  their  detail  lasts,  and  shall 
report  to  the  board  of  park  commissioners.  The  said  park  commis- 
sioners may  report  back  to  the  police  department  for  punishment 
any  member  of  said  park  police  force  guilty  of  any  breach  of  orders 
or  discipline  or  of  neglecting  his  duty,  and  thereupon  the  chief 
of  police  may  detail  another  officer  or  man  in  his  place,  and  the 
discipline  of  said  members  of  the  park  police  shall  be  in  the  jurist- 
diction  of  the  police  department,  but  at  any  time  the  park  commis- 
sioners may  object  to  the  inefficiency  of  any  member  of  said  park 

123 


police  serving  in  any  park,  and  thereupon  another  officer  or  man 
may  be  detailed  in  his  place.  The  officers  and  men  now  members 
of  the  park  police  of  the  several  parks  hereby  consolidated,  shall 
have  credit,  under  the  pension  laws  for  the  time  theretofore  served, 
subject  to  such  payment  as  the  pension  commissioners  shall  deem  just. 

18 — 15.  The  board  of  park  commissioners  shall  have  full  power 
to  manage  and  control,  improve,  maintain  and  beautify  the  parks  of 
the  city. 

18—16.  The  cost  of  the  first  establishment  of  any  park  may  be 
met  by  general  taxation,  or  by  special  taxation,  or  by  special  assess- 
ment, or  by  a  combination  of  special  with  general  taxation,  or  of 
special  assessment  with  general  taxation,  or  otherwise,  as  the  city 
council,  upon  recommendation  of  the  board  of  park  commissioners 
shall  by  ordinance  determine.  The  provision  of  the  statutes  govern- 
ing the  making  of  local  improvements  in  the  city  shall  be  as  nearly 
as  possible  applied  to  the  proceedings  for  the  taking  of  lands  and  the 
meeting  of  the  expenses  in  connection  with  such  improvements, 
except  that  the  board  of  park  commissioners  shall  act  in  place  of  the 
board  of  local  improvements. 

The  cost  of  maintenance  and  repair  shall  not  be  met  by  special 
taxation  or  special  assessment. 

18—17.  Any  work  to  be  done  by  or  under  the  direction  of  the 
department  of  parks,  the  cost  of  which  is  not  met  in  whole  or  in 
part  by  special  assessment  or  special  taxation,  may  be  done  at  the 
option  of  the  board  of  park  commissioners,  either  directly  through 
the  employes  of  the  department  and  other  laborers  hired  for  the  pur- 
pose, or  by  contract  entered  into  for  that  purpose,  subject  to  the 
rules  established  by  general  city  ordinance  governing  the  giving  out 
of  contracts  for  work  to  be  done  for  the  city  or  any  of  its  depart- 
ments, or  partly  by  the  one  method  and  partly  by  the  other. 

18—18.  The  board  of  park  commissioners  may,  with  the  consent 
of  the  city  council,  purchase,  erect  and  maintain  within  any  public 
park,  any  museum,  art  institute  or  library,  or  permit  any  museum, 
art  institute  or  library  established  for  public  use  by  private  endow- 
ment to  be  erected  and  maintained  within  any  public  park. 

124 


An  admission  fee,  not  to  exceed  twenty-five  cents  for  each  visitor 
over  ten  years  of  age,  may  be  charged  or  be  permitted  to  be  charged 
for  visiting  any  such  museum  or  art  institute,  provided  that  all  such 
museums  and  institutes  shall  be  open  to  the  public  without  charge 
for  three  days  each  week,  and  to  the  children  in  actual  attendance 
upon  any  of  the  schools  in  this  city  on  every  day. 

Any  arrangement  or  agreements  existing  at  the  time  this  char- 
ter shall  take  effect  with  any  museum,  art  institute  or  library,  that 
shall  be  now  located  or  authorized  to  be  located  in  any  park,  shall 
not  be  impaired  or  aflfected  by  the  provisions  of  this  charter. 

Where  any  power  has  heretofore  been  granted  by  statute  to  any 
board  of  park  commissioners  to  levy  taxes  for  the  support  of  any 
museum  or  museums  of  art,  sciences  or  natural  history,  located  and 
maintained  or  authorized  to  be  located  and  maintained  in  any  public 
park,  the  city  council  may,  on  request  of  the  board  of  park  commis- 
sioners, appropriate  and  include  in  the  levy  of  taxes  for  park  pur- 
poses, a  tax  on  each  dollar  of  taxable  property,  not  to  exceed  that 
named  in  the  statute  conferring  such  power  upon  said  board  of  park 
commissioners,  for  the  same  purpose  or  purposes,  subject  to  the 
provisions  of  this  charter  upon  the  subject  of  taxation  and  revenue. 

If  any  owner  of  land  abutting  upon  any  park,  or  adjacent  thereto, 
have  am-  easement  or  property  right  in  such  part  appurtenant  to  his 
land  which  would  be  interfered  with  by  placing  any  museum,  art  in- 
stitute or  library  within  the  park,  or  any  right  to  have  such  park  remain 
open  and  free  from  buildings,  such  easement  or  right  may  be  con- 
demned in  accordance  with  the  provisions  of  the  statutes  regulating 
the  exercise  of  the  power  of  eminent  domain. 

.  18—19.  All  appropriations,  tax  levies  or  bond  issues  for  the  use 
of  parks  shall  be  made  by  the  city  council  in  accordance  with  the 
general  provisions  of  this  charter,  except  that  no  such  appropriation, 
tax  levy,  or  bond  issue  shall  be  made  otherwise  than  upon  request  or 
application  of  the  board  of  park  commissioners.  The  proceeds  of  any 
tax  levied  or  bonds  issued  for  the  use  of  parks  shall  be  kept  as  a  separate 
fund  by  the  city  treasurer  and  shall  be  paid  out  only  under  the  direction 

125 


or  upon  orders  of  the  board  of  park  commissioners.  All  warrants  upon 
which  funds  are  to  be  paid  out  shall  bear  the  signature  of  the  president 
of  the  board  of  park  commissioners  in  addition  to  the  signature  of 
the  mayor  and  city  comptroller. 

18—20.  The  board  of  park  commissioners  shall  have  charge  and 
control  of  all  public  monuments  within  the  city  and  shall  have  power 
to  make  regulations  tending  to  their  preservation  and  to  prevent  their 
defacement,  in  the  same  manner  and  with  the  same  effect  as  it  may  make 
ordinances  for  the  protection  of  the  public  parks. 

18—21.  The  board  of  park  commissioners  with  the  consent  of  the 
city  council  shall  have  power  by  agreement  with  private  owners  to  un- 
dertake the  preservation  and  the  care  in  the  whole  or  in  part  of  places 
in  private  ownership,  the  use  of  which  is  thrown  open  to  the  public,  or 
of  places  of  historic  interest,  and  to  mark  the  same  by  appropriate 
memorial  tablets  and  inscriptions,  which  shall  be  regarded  as  public 
monuments. 

18—22.  The  art  commission,  so  long  as  the  same  shall  be  main- 
tained by  the  city  council,  shall  consist  of  the  mayor,  the  chief  officer 
of  the  principal  art  institute  of  the  city,  the  president  of  the  board  of 
park  commissioners,  and  three  other  members,  residents  of  the  city,  to 
be  appointed  by  the  mayor.  One  of  the  said  three  members  shall  be  a 
painter,  one  a  sculptor  and  one  an  architect. 

18 — 23.  Upon  the  expiration  of  the  term  of  office  of  each  of  the 
present  members  appointed  by  the  mayor,  his  successor  shall  be  ap- 
pointed for  a  term  of  three  years.  All  appointments  to  fill  vacancies 
shall  be  for  the  unexpired  term. 

18 — 24.  The  commission  shall  serve  without  compensation  as  such, 
and  shall  elect  a  president  and  secretary  from  its  own  members,  whose 
term  of  office  shall  be  one  year,  and  until  their  successors  are  elected 
and  qualified. 

The  commission  shall  have  power  to  adopt  its  own  rules  of  pro- 
cedure.   Five  commissioners  shall  constitute  a  quorum. 

18 — 25.  Suitable  offices  shall  be  provided  for  the  commission  by 
the  city  council  of  the  city,  and  the  expenses  of  the  commission  shall 
be  paid  by  appropriation  made  therefor  by  said  city  council  annually. 

126 


18 — 26.  Hereafter  no  work  of  art  shall  become  the  property  of 
such  city  by  purchase,  gift  or  otherwise,  unless  such  work  of  art,  or 
a  design  of  the  same,  together  with  a  statement  of  the  proposed  location 
of  such  work  of  art,  shall  first  have  been  submitted  to  and  approved 
by  the  commission ;  nor  shall  such  w^ork  of  art  until  so  approved  be 
erected  or  placed  in  or  upon,  or  allowed  to  extend  over  or  upon  any 
street,  avenue,  square,  common,  municipal  building,  or  other  place  be- 
longing to  such  city,  or  any  park,  boulevard,  or  public  ground  situated 
within  the  limits  of  such  city.  The  commission  may,  when  they  deem 
proper,  also  require  a  complete  model  of  the  proposed  work  of  art  to 
be  submitted.  The  term  ''work  of  art,"  as  used  in  this  connection,  shall 
apply  to  and  include  all  paintings,  mural  decorations,  stained  glass, 
statues,  bas  reliefs,  or  other  sculptures,  ornaments,  fountains,  images 
or  other  structures  of  a  permanent  character  intended  for  ornament 
or  commemoration.  The  term  municipal  building,  as  used  in  this  con- 
nection, shall  include  all  public  schools  and  all  buildings  or  portions 
thereof,  and  all  grounds  used  for  school  purposes  in  such  city.  No  ex- 
isting work  of  art  in  the  possession  of  the  city,  or  in  any  parks,  boule- 
vards, public  grounds,  school  buildings,  or  school  grounds  aforesaid, 
shall  be  removed,  re-located,  or  altered  in  any  way  without  the  similar 
approval  of  the  commission,  except  as  provided  in  section  28  of  this 
article.  When  so  requested  by  the  mayor  or  the  city  council  the  com- 
mission shall  act  in  a  similar  capacity  with  similar  powers  in  respect 
of  designs  of  buildings,  bridges,  approaches,  gates,  fences,  lamps,  or 
other  structures  erected  or  to  be  erected  upon  land  belonging  to  the 
city  or  a  part  of  any  of  the  parks,  public  grounds  or  boulevards  within 
the  limits  of  such  city,  and  in  respect  of  the  lines,  grades  and  platting 
of  the  public  ways  and  grounds,  and  in  respect  of  the  arches,  bridges, 
structures  and  approaches  w^hich  are  the  property  of  any  corporation  or 
private  individual,  and  which  shall  extend  over  or  upon  any  street,, 
avenue,  highway,  boulevard,  park  or  other  public  places  belonging  to  or 
within  the  limits  of  the  city. 

But  this  section  shall  not  be  construed  as  impairing  the  power  of 
any  park  board  to  refuse  its  consent  to  the  erection  or  acceptance  of 
public  monuments  or  memorials  or  other  works  of  art  or  structures 

127 


of  any  sort  vvitliiii  any  park,  boulevard  or  other  public  ground  under 
tlieir  control   in  such  city. 

18—27.  If  the  commission  shall  fail  to  decide  upon  any  matter 
submitted  to  it  within  sixty  days  after  such  submission,  its  decision  shall 
be  deemed  unnecessary. 

18—28.  In  case  the  removal  or  re-location  of  any  existing  work 
of  art,  or  other  matter,  which  would,  under  the  provisions  of  Section 
26  of  this  article  be  within  the  control  of  the  art  commission,  shall  be 
deemed  necessary  by  those  empowered  to  cause  such  removal  or  re- 
location, the  commission  shall,  within  forty-eight  hours,  after  notice, 
approve  or  disapprove  of  such  removal  or  re-location,  and  in  case  of 
their  failure  so  to  act  within  forty-eight  hours  after  the  receipt  of  such 
notice,  they  shall  be  deemed  to  have  approved  of  sqdi  removal  or  re- 
location. 

ARTICLE  XIX. 
Department  of  Education. 

19—1.  The  City  of  Chicago  shall  constitute  one  school  district,  and 
shall  maintain  a  thorough  and  efficient  system  of  free  schools  whereby 
the  children  of  the  city  may  receive  a  good  common  school  education. 
The  public  school  system  shall  be  a  department  of  the  city  govern- 
ment, to  be  known  as  the  department  of  education,  at  the  head  of  which 
there  shall  be  a  board  of  education,  and  no  power  by  this  charter  vested 
m  the  board  of  education  or  in  any  officer  of  the  department  shall  be  exer- 
cised by  the  city  council  except  as  by  this  charter  provided. 

19—2.  From  and  after  the  taking  effect  of  this  act,  the  board  of 
education  shall  consist  of  fifteen  members,  to  be  appointed  by  the  mayor 
with  the  approval  of  the  city  council,  five  of  whom  shall  be  appointed  for 
the  term  of  one  year,  five  for  the  term  of  two  years  and  five  for  the  term 
of  three  years.  At  the  expiration  of  the  term  of  any  member  of  said 
board  of  education,  his  successor  shall  be  appointed  in  like  manner  and 
all  members  thus  appointed  and  their  successors  shall  hold  their  office  for 
the  term  of  three  years  from  the  first  day  of  May  of  the  year  in  which 
they  are  appointed.  Any  vacancy  which  may  occur  in  the  membership 
of  said  board  of  education  shall  be  filled  through  appointment  by  the 

.  128 


mayor  with  the  approval  of  the  city  council  for  the  unexpired  term.  If 
any  person  so  appointed  shall  fail  to  qualify  within  thirty  days  after  his 
appointment,  the  office  shall  be  filled  by  a  new  appointment  for  the  un- 
expired term.  Members  of  the  board  of  education  shall  serve  without 
compensation. 

Any  member  of  the  board  of  education  may  be  removed  by  the 
mayor  upon  proof  either  of  official  misconduct  in  office  or  of  neglect 
of  official  duty,  or  of  misconduct  in  any  way  connected  with  his  official 
duties,  or  otherwise,  which  tends  to  discredit  his  office  or  the  school 
system,  or  for  mental  or  physical  inability  to  perform  his  duty  as  a 
member,  but  before  the  removal  of  such  a  member  he  shall  receive  a 
timely  notice  in  writing  of  the  charges  and  a  copy  thereof  and  shall  be 
entitled  to  a  hearing  on  like  notice  before  the  mayor  and  to  the  assistance 
of  counsel  on  said  hearing. 

19—3.  To  be  eligible  for  appointment  to  the  board  a  person  shall 
be  at  least  twenty-five  years  of  age,  a  citizen  of  the  United  States  and 
shall  have  been  a  resident  of  the  City  of  Chicago  for  at  least  five  years 
immediately  preceding  his  or  her  appointment. 

19—4.  Members  of  the  board  of  education  shall  not  while  serving 
as  such  members  hold  any  other  public  office  under  the  federal,  state, 
or  any  local  government,  other  than  that  of  notary  public,  or  member 
of  the  national  guard;  but  by  accepting  any  such  public  office  while 
members  of  the  board  of  education,  or  by  not  resigning  any  such  office 
held  at  the  time  of  being  appointed  to  the  board  of  education  within 
thirty  days  after  such  appointment,  shall  be  deemed  to  have  vacated 
their  membership  in  such  board. 

19—5.  No  member  of  the  board  of  education  and  no  member  of 
the  department  of  education  shall  be  interested  in  the  sale,  proceeds  or 
profit  of  any  books,  apparatus,  furniture,  supplies,  or  other  property  real 
or  personal  used  or  to  be  used  in,  or  in  connection  with,  any  of  the 
public  schools  of  the  city.  Any  member  of  such  board  or  department 
violating  the  provision  of  this  section  shall  upon  conviction  thereof  pay 
a  fine  in  a  sum  of  not  less  than  $25.00  nor  more  than  $500.00,  and  may  be 
imprisoned  in  the  county  jail  or  house  of  correction  for  not  less  than 
one  nor  more  than  twelve  months,  in  the  discretion  of  the  court. 

129 


19—6.  Rules  of  the  board  of  education  shall  be  enacted  or  changed, 
moneys  appropriated  or  expended,  salaries  fixed  or  changed,  courses  of 
instruction  adopted  or  changed  only  at  regular  meetings  of  the  board 
of  education  and  by  a  vote  of  a  majority  of  the  full  membership  of  the 
board,  and  upon  such  proposition  and  upon  all  propositions  requiring 
for  their  adoption  at  least  a  majority  of  all  the  members  of  the  board 
the  a\es  and  nays  shall  be  taken  and  recorded. 

19 — 7.  The  board  of  education  shall  elect  annually  from  its  own 
number,  a  president  and  vice  president  in  such  manner  and  at  such  time 
after  the  yearly  appointment  of  new  members,  and  not  later  than  the 
second  regular  meeting  of  the  board  after  such  appointment,  as  the 
board  may  determine  by  its  rules.  The  president  shall  preside  at  the 
meeting  of  the  board  and  shall  have  the  same  power  to  vote  at  such 
meetings  as  any  other  member,  but  shall  not  have  the  power  of  veto. 
He  shall  exercise  a  general  superintendence  over  the  affairs  of  the  board 
and  shall  perform  such  duties  as  may  be  imposed  upon  him  by  the  rules 
of  the  board.  The  vice  president  shall  perform  the  duties  of  the  presi- 
dent in  case  of  the  president's  absence  or  inability  to  act  and  shall 
perform  such  other  duties  as  may  be  imposed  upon  him  by  the  rules  of 
the  board. 

19 — 8.  The  board  of  education  shall  by  a  vote  of  a  majority  of  the 
full  membership  of  the  board  appoint  as  executive  officers  a  superinten- 
dent of  education,  a  business  manager,  and  a  secretary,  and  may  also 
appoint  or  provide  for  the  appointment  of  such  other  officers  and  em- 
employes  as  it  may  deem  necessary. 

19—9.  The  board  shall,  subject  to  the  proAasions  of  this  charter, 
prescribe  the  duties,  compensation  and  terms  of  office  of  all  officers, 
but  the  term  of  office  of  no  such  officer  shall  exceed  four  years  and  the 
salary  of  no  officer  shall  be  lowered  during  his  term  of  office,  either 
by  the  board  or  by  the  city  council,  except  by  a  pro  rata  reduction  that 
may  be  necessary  in  case  of  a  general  reduction  affecting  all  employes. 
The  board  shall  also  prescribe  the  duties  and  compensation  of  all  em- 
ployes of  the  department.  It  may  prescribe  which  of  its  officers  or  em- 
ployes as  it  may  deem  necessary. 

19 — 10.    The  appointment  and  removal  of  the  superintendent  of 

130 


education  and  business  manager  and  of  the  attorney  and  auditor  (if  any 
such  officers  shall  be  appointed)  shall  not  be  subject  to  the  civil  service 
law,  but  such  officers  shall  be  removable  only  for  cause  by  vote  of  not 
less  than  a  majority  of  all  the  members  of  the  board  upon  written 
charges  to  be  heard  by  the  board  upon  due  notice  to  the  officers  against 
whom  they  are  preferred,  but  pending  the  hearing  of  such  charges  the 
officer  charged  may  by  a  two-thirds  vote  be  suspended  by  the  board. 

19 — 11.  All  appointments  of  employes  of  the  board  of  education, 
except  as  herein  otherwise  provided,  shall  be  made  in  pursuance  of  the 
provisions  of  the  civil  service  law,  and  no  employe  shall  be  removed 
except  for  cause,  upon  written  charges,  which  shall  be  investigated  and 
determined  by  the  board  of  education,  whose  action  and  decision  in 
the  matter  shall  be  final,  when  approved  by  the  civil  service  commission. 

Teachers  shall  for  this  purpose  not  be  held  to  be  employes. 

19 — 12.  The  title  of  all  property,  real  and  personal,  held  for  the 
use  or  benefit  of  schools  shall  be  vested  in  the  City  of  Chicago  in  trust 
for  the  use  of  the  schools. 

19 — 13.  The  board  of  education  may,  with  the  concurrence  of 
the  city  council,  to  be  manifested  by  the  passage  of  an  ordinance  for 
that  purpose,  acquire  by  purchase,  condemnation  or  otherwise,  real  estate 
for  school  purposes,  including  school  buildings,  play  grounds  and  offices 
for  the  board  of  education.  Condemnation  proceedings  for  the  purpose 
of  acquiring  such  property  shall  be  conducted  in  the  name  of  the  City  of 
Chicago  for  the  use  of  the  schools. 

19 — 14.  The  board  of  education  may  rent  buildings,  rooms  or 
grounds,  or  for  the  use  of  schools,  or  for  the  purpose  of  school  adminis- 
tration, but  it  shall  not  take  any  lease  or  renewal  thereof  for  a  term 
longer  than  five  years  without  the  concurrence  of  the  city  council,  nor 
alter  the  provisions  of  any  lease  heretofore  or  hereafter  made  whose 
unexpired  term  may  exceed  five  years,  without  such  concurrence. 

19 — 15.  The  board  of  education  shall  have  the  power  to  let  school 
property  on  leasehold  for  a  term  not  longer  than  ninety-nine  years  from 
the  date  of  granting  the  lease ;  but  it  shall  not  make  or  renew  any  lease 
for  a  term  longer  than  five  years  without  the  concurrence  of  the  citv 
council,  nor  alter  the  provisions  of  any  lease  heretofore  or  hereafter 

131 


made  whose  unexpired  term  inay  exceed  five  years,  without  such  con- 
currence. ^ 

19 — 16.  The  board  of  education  may  grant  the  use  of  assembly 
halls  and  class  rooms  when  not  otherwise  needed,  including  light,  heat 
and  attendance,  for  public  lectures,  concerts  and  other  educational  and 
social  interests,  free  of  charge,  but  under  such  provisions  and  control 
as  the  board  may  see  fit. 

19 — 17.  No  sale  of  real  property  used  for  school  purposes  or  held 
in  trust  for  the  schools  shall  be  made  by  the  city  council  except  upon 
written  request  of  the  board  of  education.  Personal  property  other  than 
chattels  real  belonging  to  the  department  and  no  longer  needed  for  its 
purposes  may  be  sold  under  its  direction. 

19^ — 18.  All  moneys  raised  by  taxation  for  school  purposes  or  re- 
ceived from  the  state  common  school  fund  or  from  any  other  source  for 
school  purposes,  shall  be  held  by  the  city  treasurer,  as  a  separate  fund, 
for  school  purposes,  subject  to  the  order  of  the  board  of  education  upon 
a  warrant  of  its  president,  to  b!e  countersigned  by  the  mayor  and  city 
comptroller. 

19 — 19.  Investment  of  school  funds  shall  only  be  made  in  govern- 
ment, state  or  municipal  securities. 

19 — 20.  The  mayor  shall  as  often  as  yearly,  and  may  as  often  as 
semi-annually,  appoint  certified  public  accountants  to  examine  and  audit 
the  accounts  of  the  board  of  education,  and  a  report  thereof,  together 
with  any  recommendations  of  such  accountants  as  to  changes  in  the 
business  methods  of  the  board  or  any  of  its  departments,  officers,  or 
employes,  shall  be  made  to  the  mayor,  the  city  council,  and  the  board  of 
education,  and  be  spread  upon  the  records  of  the  latter.  The  expense 
of  such  audit  shall  be  paid  by  the  board. 

19 — 21.  The  board  of  education  shall  make  an  annual  report  to  the 
city  council. 

19 — 22.  The  board  of  education  shall  exercise  general  supervision 
and  management  of  the  public  education  and  the  public  school  system 
of  the  City  of  Chicago  and  shall  have  power  to  make  suitable  provision 
for  the  establishment  and  maintenance  throughout  the  year  or  for  such 
portion  of  the  year  as  it  may  direct  of  schools  of  all  grades  and  kinds, 

132 


including  normal  schools,  night  schools,  schools  for  defectives  and 
delinquents,  parental  or  truant  schools,  schools  for  the  blind,  the  deaf  and 
the  crippled,  schools  or  classes  in  manual  training,  constructional  and 
avocational  teaching,  domestic  arts  and  physical  culture,  vacation  and 
extension  schools  and  lecture  courses  and  all  other  educational  institu- 
tions and  facilities.  It  shall  have  power  to  co-operate  with  the  juvenile 
court  and  to  make  arrangements  with  the  public  or  quasi-public  libraries 
and  museums  for  the  purpose  of  extending  the  privilege  of  such  libraries 
and  museums  to  attendants  of  schools  and  the  public  in  the  neighbor- 
hood of  the  schools. 

19—23.  The  board  of  education  shall  establish  by-laws,  rules  and 
regulations  for  the  proper  maintenance  of  a  uniform  system  of  discipline 
and  management  of  the  schools,  and  may^fix  the  school  age  of  pupils, 
which  in  kindergarten  schools  shall  not  be'under  four  years  and  in  the 
grade  schools  shall  not  be  under  six  years. 

It  shall  have  the  power  to  expel  any  pupil  who  shall  be  guilty  of 
gross  disobedience  or  misconduct. 

19—24.  The  board  of  education  shall  have  continuing  power  to 
divide  the  city  into  sub-districts  and  apportion  the  pupils  to  the  several 
schools,  but  no  pupil  shall  be  excluded  from  nor  segregated  in  any  such 
school  on  account  of  his  or  her  race,  color  or  nationality. 

19—25.  The  board  of  education  shall  have  power  to  prescribe  the 
courses  and  method  of  studies  in  the  various  schools,  subject  to  the  gen- 
eral laws  of  the  state. 

19—26.  The  specification  of  the  powers  herein  granted  is  not  to 
be  construed  as  exclusive,  but  the  board  of  education  shall  exercise  all 
powers  that  may  be  requisite  or  appropriate  for  the  maintenance  and 
fullest  development  of  an  efficient  public  school  system. 

19—27.  The  superintendent  of  education  shall  have  general  super- 
vision, subject  to  the  board,  of  the  courses  of  study,  text  books,  educa- 
tional apparatus,  discipline  and  conduct  of  the  schools,  and  shall  perform 
such  other  duties  as  the  board  may  by  rule  prescribe. 

Appointments,  promotions  and  transfers  of  teachers,  principals  and 
assistant  and  district  superintendents  and  other  educational  officers  shall 
be  made,  and  text  books  and  educational  apparatus  shall  be  introduced  by 

133 


the  hoard  of  c(hicatioii  only  upon  his  recommendation,  unless  it  be  by  a 
two-thirds  vote  of  all  the  members  of  the  board.  Text  books  shall  not  be 
changed  oftener  than  once  in  four  years. 

19_28.  The  superintendent  of  education  shall  have  a  seal  in  the 
J)oard  of  education,  but  no  vote. 

19  29.    The  business  manager  shall  have  the  general  care  and 

supervision  of  the  property  and  routine  business  of  the  department  of 
education.  Jn  matters  affecting  the  general  policy  of  his  administration 
he  shall  be  subject  to  the  direction  of  the  board.  He  shall,  with  the 
concurrence  of  the  board  of  education,  appoint  his  subordinates. 

The  board  of  education  shall  maintain  a  bureau  of  buildings  and 
construction  which  shall  have  charge  of  the  erection,  construction,  alter- 
ation and  repair  of  all  buildings  under  the  control  of  the  board  of  edu- 
cation. The  board  of  education  shall,  subject  to  the  provisions  of  the 
civil  service  law,  appoint  a  chief  architect,  who  shall  be  at  the  head  of 
the  bureau  of  buildings  and  construction,  and  also  a  chief  engineer, 
who  shall  have  charge  of  the  matters  relating  to  the  heating,  ventilating 
and  sanitation  of  buildings.  The  architect  and  chief  engineer  shall  be 
removed  only  in  pursuance  of  the  provisions  of  the  civil  service  law. 
They  shall  be  subject  to  the  general  direction  of  the  business  manager. 

19  30.    The  board  of  education  shall  examine  all  persons  offering 

themselves  as  candidates  for  teachers  and  when  found  well  qualified  shall 
give  them  certificates  gratuitously.  Appointments  and  promotions  of 
teachers  and  principals  shall  be  made  for  merit  only,  and  after  satis- 
factory service  for  a  probationary  period  of  three  years  appointments 
of  teachers  and  principals  shall  become  permanent,  subject  to  the  rules 
of  the  board  concerning  conduct  and  efficiency,  and  subject  to  removal 
for  cause  upon  written  charges  after  a  hearing  before  the  board  of 
education  or  a  committee  appointed  by  the  board;  but  the  board  need 
not  retain  in  service  more  principals  or  teachers  than  in  its  judgment 
the  needs  of  the  school  require. 

19 — 31.  The  board  of  education  shall  have  the  power,  subject  to  the 
power  over  appropriation  vested  in  the  city  council,  to  prescribe  the 
compensation  of  teachers  and  other  educational  officers.  Such  compen- 
sation shall  be  payable  monthly. 

134 


19—32.  The  provisions  of  this  act  regarding  education  shall  con- 
stitute a  part  of  the  law  intended  to  provide  for  the  City  of  Chicago 
a  system  of  free  schools ;  and  shall  be  construed  in  connection  with  the 
general  school  law  of  the  state.  Except  as  by  this  act  modified  the 
provisions  of  the  general  school  law  shall  apply  to  the  City  of  Chicago 
and  for  the  purpose  of  sharing  in  the  distribution  of  the  common  school 
fund  and  other  distributive  funds,  the  schools  of  the  city  shall  be  deemed 
to  be  kept  in  accordance  with  the  provisions  of  said  law. 


ARTICLE  XX. 

Compulsory  Education. 

20—1.    Every  person  having  control  of  any  child  between  the  ages 
of  seven  and  sixteen  years  shall  annually  cause  such  child  to  attend 
some  public  or  private  school  for  the  entire  time  during  which  the 
school  attended  is  in  session,  which  period  shall  not  be  less  than  one 
hundred  and  ten  days  of  actual  teaching;  provided,  this  requirement 
shall  not  apply  to  any  case  w^here  the  child  has  been  or  is  being  other- 
wise instructed  for  a  like  period  of  time  in  each  and  every  year  in  the 
elementary  branches  of  education  by  a  person  or  persons  competent  to 
give  such  instruction,  or  to  any  child  whose  physical  or  mental  condition 
renders  his  or  her  attendance  impracticable  or  inexpedient,  or  who  is 
excused  for  temporary  absence  for  cause  by  the  principal  or  teacher 
m  charge  of  the  school  which  such  child  attends,  or  to  any  female  child 
of  the  age  of  fourteen  years  and  upwards  whose  services  are  required 
in  her  home  and  who  is  on  that  account  excused  from  attendance  by  the 
board  of  education  or  by  the  superintendent  or  the  principal  of  the  paro- 
chial school  which  she  has  been  attending  before  being  so  excused,  or  to 
any  child  of  the  age  of  fourteen  years  and  upwards  while  such  child  is 
in  good  faith  engaged  in  regular  lawful  employment  which  occupies  him 
or  her  regularly  not  less  than  five  hours  daily  for  not  less  than  five  days 
in  each  week. 

20—2.  Every  person  or  corporation  employing  a  child  of  the  age  of 
fourteen  years  and  upwards  and  under  the  age  of  sixteen  shall  forthwith 
report  such  employment  to  the  board  of  education,  together  with  the  num- 


her  ol'  (la\  s  in  llu-  week  and  the  number  of  hours  in  the  day  during  which 
such  cliihl  will  he  rej^ularly  employed,  and  also  such  other  particulars  as 
the  hoard  of  education  may  ])rescribc.  When  the  employer  ceases  to 
employ  surh  child  regularly  for  the  period  of  time  above  stated,  he  shall 
report  the  fact  to  the  board  of  education. 

The  board  of  education  shall  keep  blank  forms  of  notices  and  reports  . 
iit  convenient  places  throughout  the  city  for  free  distribution. 

The  board  of  education  shall  keep  on  file  in  its  office  copies  of  all  age 
and  school  certificates  issued  by  it  and  shall  also  procure  and  place  on  file 
copies  of  the  age  and  school  certificates  issued  by  superintendents  or  prin- 
cipals of  parochial  schools  and  filed  in  duplicate  in  the  office  of  the  state 
factory  inspector. 

20 — 3.  Any  person  violating  any  duty  imposed  upon  him  by  the  two 
foregoing  sections  and  any  person  who  for  the  purpose  of  evading  the 
provisions  of  said  sections  shall  make  false  statement  concerning  the  age 
of  any  child  or  regarding  the  time  such  child  has  attended  school,  or  con- 
cerning the  fact  or  time  or  continuance  of  the  employment  of  such  child, 
shall  be  fined  in  a  sum  not  exceeding  twenty  dollars  for  any  one  offense. 
Such  fine  shall  be  paid  into  the  city  treasury  for  the  use  of  the  depart- 
ment of  education. 

20 — 4.  The  board  of  education  shall  appoint  one  or  more  truant 
officers  subject  to  the  civil  service  rules,  whose  duty  it  shall  be  to  report 
all  violations  of  the  law  regarding  compulsory  school  attendance  "to  the 
board  of  education,  and  to  enter  complaint  against  and  prosecute  all  per- 
sons who  shall  appear  to  be  guilty  of  any  violation  of  such  law.  It  shall 
be  the  duty  of  said  truant  officers  to  arrest  any  child  of  school-going  age 
that  habitually  haunts  public  places  and  has  no  lawful  occupation,  and 
also  any  truant  child  who  absents  himself  or  herself  from  school  without 
being  lawfully  excused  as  aforesaid,  and  to  place  him  or  her  in  charge  of 
the  teacher  or  principal  having  charge  of  any  school  which  said  child  is  by 
law  entitled  to  attend,  and  which  school  shall  be  designated  to  said  officer 
by  the  parent,  guardian  ,  or  person  having  control  of  said  child.  In  case 
such  parent,  guardian  or  person  shall  designate  a  school  without  making 
.  or  having  made  arrangements  for  the  reception  of  said  child  in  the  school 
so  designated,  or  in  case  he  refuses  or  fails  to  designate  any  school,  then 

136 


such  truant  officer  shall  place  such  child  in  charge  of  the  principal  of  a 
public  school.  And  it  shall  be  the  duty  of  said  principal  to  assign  said 
child  to  the  proper  class,  and  to  instruct  him  or  her  in  such  studies  as 
he  or  she  is  fitted  to  pursue.  The  truant  officer  so  appointed  shall  be 
entitled  to  such  compensation  for  services  rendered  under  this  act  as  shall 
be  determined  by  the  board  of  education,  and  which  compensation  shall 
be  paid  out  of  the  distributable  school  fund :  Provided,  that  nothing  herein 
contained  shall  prevent  the  parent,  guardian  or  person  having  charge  of 
such  truant  child,  which  has  been  placed  in  any  school  by  the  truant 
officer,  to  thereafter  send  said  child  to  any  other  school  which  said  child 
is  by  law  entitled  to  attend. 

20—5.  Any  child  of  compulsory  school  age  who  is  habitually  truant 
may  be  committed  to  a  parental  school  in  the  manner  hereinafter  pro- 
vided. Parental  schools  shall  not  be  erected  at  or  near  any  penal  institu- 
tion. 

20—6.  It  shall  be  the  duty  of  any  truant  officer  or  agent  of  such 
board  of  education  to  petition,  and  any  reputable  citizen  of  the  city  may 
petition,  the  county  or  circuit  court  of  the  county,  to  inquire  into  the 
case  of  any  child  of  compulsory  school  age  who  is  not  attending  school, 
and  who  has  been  guilty  of  habitual  truancy,  or  of  persistent  violation  of 
the  rules  of  the  public  school,  and  the  petition  shall  also  state  the  names, 
if  known,  of  the  father  and  mother  of  such  child,  or  the  survivor  of  them ; 
and  if  neither  father  nor  mother  of  such  child  is  living,  or  cannot  be  found 
in  the  county,  or  if  their  names  cannot  be  ascertained,  then  the  name  of 
the  guardian  if  there  be  one  known ;  and  if  there  be  a  parent  living  whose 
name  can  be  ascertained,  or  a  guardian,  the  petition  shall  show  whether 
or  not  the  father  or  mother  or  guardian  consents  to  the  commitment  of 
such  child  to  such  parental  or  truant  school.  Such  petition  shall  be  veri- 
fied by  oath  upon  the  belief  of  the  petitioner,  and  upon  being  filed  the 
judge  of  the  county  or  circuit  court  shall  have  such  child  named  in  the 
petition  brought  before  him  for  the  purpose  of  determining  the  application 
in  said  petition  contained.  But  no  child  shall  be  committed  to  such  school 
who  has  ever  been  convicted  of  any  offense  punishable  by  confinement  in 
any  penal  institution. 

20—7.    Upon  the  filing  of  such  petition  the  clerk  of  the  court  shall 

137 


issue  a  writ  to  the  sheriff  of  the  comity  cHrecting  him  to  bring  such  child 
before  the  court;  and  if  the  court  shall  find  that  the  material  facts  set 
forth  m  the  petition  are  true,  and  if,  in  the  opinion  of  the  court,  such 
child  is  a  fit  person  to  be  committed  to  such  parental  or  truant  school,  an 
order  shall  be  entered  that  such  child  be  committed  to  such  parental  or 
truant  school,  to  be  kept  there  until  he  or  she  arrives  at  the  age  of  fourteen 
years,  unless  sooner  discharged  in  the  manner  hereinafter  set  forth.  Be- 
fore the  hearing  aforesaid  notice  in  writing  shall  be  given  to  the  parent 
or  guardian  of  such  child,  if  known,  of  the  proceedings  about  to  be  in- 
stituted, that  he  or  she  may  appear  and  resist  the  same,  if  they  so  desire. 

20—8.  It  shall  be  the  duty  of  the  parent  or  guardian  of  any  child 
committed  to  this  school  to  provide  suitable  clothing  upon  his  or  her 
entry  into  such  school,  and  from  time  to  time  thereafter  as  it  may  be 
needed,  upon  notice  in  writing  from  the  superintendent  or  other  proper 
officer  of  the  school.  In  case  any  parent  or  guardian  shall  refuse  or 
neglect  to  furnish  such  clothing,  the  same  may  be  provided  by  the  board 
of  education,  and  such  board  may  have  an  action  against  such  parent  or 
guardian  of  said  child  to  recover  the  cost  of  such  clothing,  with  ten  per 
cent  additional  thereto. 

20—9.  No  religious  instruction  shall  be  given  in  said  school  except 
such  as  is  allowed  by  law  to  be  given  in  public  schools;  but  the  board  of 
education  shall  make  suitable  regulation  so  that  the  inmates  may  re- 
ceive religious  training  in  accordance  with  the  belief  of  the  parents  of 
such  children,  either  by  allowing  religious  services  to  be  held  in  the 
institution  or  by  arranging  for  attendance  at  public  service  elsewhere. 

20—10.  The  board  of  education  shall  have  power  to  establish  rules 
and  regulations  under  which  children  committed  to  such  parental  or 
truant  school  may  be  allowed  to  return  home  upon  parole,  but  to  remain 
while  upon  parole  in  the  legal  custody  and  under  control  of  the  officers  and 
agents  of  such  school,  and  subject  at  any  time  to  be  taken  back  within 
the  enclosure  of  such  school  by  the  superintendent  or  any  authorized 
officer  of  said  school,  except  as  hereinafter  provided;  and  full  power  to 
enforce  such  rules  and  regulations  to  retake  any  such  child  so  upon  parole 
is  hereby  conferred  upon  such  board  of  education.  No  child  shall  be 
released  upon  parole  in  less  than  four  weeks  from  the  time  of  his  or  her 

138 


commitment,  nor  thereafter  until  the  superintendent  of  such  parental  or 
truant  school  shall  have  become  satisfied  from  the  conduct  of  such  child 
that,  if  paroled,  he  or  she  will  attend  regularly  the  public  or  private  school 
to  which  he  or  she  may  be  sent  by  his  or  her  parents  or  guardian,  and 
shall  so  certify  to  the  board  of  education. 

20—11.  It  shall  be  the  duty  of  the  principal  or  other  person  having 
charge  of  the  school  to  which  such  child  so  released  on  parole  may  be 
sent,  to  report  at  least  once  each  month  to  the  superintendent  of  the 
parental  or  truant  school,  stating  whether  or  not  such  child  attends  school 
regularly,  and  obeys  the  rules  and  requirements  of  said  school ;  and  if 
such  child  so  released  upon  parole  shall  be  regular  in  his  or  her  attend- 
ance at  school  and  his  or  her  conduct  as  a  pupil  shall  be  satisfactory  for 
a  period  of  one  year  from  the  date  when  he  or  she  was  released,  on  parole, 
he  or  she  shall  then  be  finally  discharged  from  the  parental  or  truant 
school,  and  shall  not  be  recommitted  thereto  except  on  petition  as  herein- 
before provided. 

20 — 12.  In  case  any  child  released  from  said  school  upon  parole,  as 
hereinbefore  provided,  shall  violate  the  conditions  of  his  or  her  parole 
at  any  time  within  one  year  thereafter,  he  or  she  shall  upon  the  order  of 
the  board  of  education,  as  hereinbefore  provided,  be  taken  back  to  such 
parental  or  truant  school,  and  shall  not  be  again  released  upon  parole 
within  the  period  of  three  months  from  the  date  of  such  re-entering ;  and 
if  he  or  she  shall  violate  the  conditions  of  a  second  parole,  he  or  she  shall 
be  recommitted  to  such  parental  or  truant  school  and  shall  not  be  released 
therefrom  on  parole  until  he  or  she  shall  remain  in  such  school  at  least 
one  year. 

20—13.  In  any  case  where  a  child  is  found  to  be  incorrigible  and 
his  or  her  influence  in  such  school  to  be  detrimental  to  the  interests  of 
the  other  pupils,  the  board  of  education  may  authorize  the  superintendent 
or  any  officer  of  the  school  to  represent  these  facts  to  the  circuit  or  county 
court  by  petition ;  and  the  court  shall  have  authority  to  commit  said  child 
to  some  juvenile  reformatory. 


139 


ARTICLE  XXI. 


TlIK  PUIJLIC  LlJJKAkY. 

21—1.  The  public  library  of  the  City  of  Chicago  shall  be  managed 
by  a  library  board  of  nine  directors,  who  shall  be  appointed  by  the  mayor, 
with  the  approval  of  the  city  council,  and  who  shall  serve  without  com- 
pensation. 

21—2.  The  directors  of  the  public  library  holding  office  at  the  time 
this  charter  takes  effect  shall  continue  in  office  until  the  expiration  of 
their  respective  terms.  The  successors  of  the  three  directors  whose  term 
of  office  expires  within  one  year  after  this  charter  takes  effect  shall  be 
appointed  for  a  term  qf  two  years;  the  successors  of  the  three  directors 
whose  term  expires  within  the  next  year  following  shall  be  appointed  for 
a  term  of  three  years,  and  the  successors  of  the  three  directors  whose 
term  expires  within  one  year  thereafter  (having  been  in  office  when  this 
charter  takes  effect,  or  having  been  appointed  to  fill  vacancies  in  the  places 
of  directors  who  shall  have  been  then  in  office)  shall  be  appointed  for  a 
term  of  four  years,  and  upon  the  expiration  of  the  term  of  each  director 
appointed  under  this  charter  his  successor  shall  be  appointed  for  a  term 
of  six  years. 

21—3.    The  library  board  shall  have  power  to  elect  one  of  its  num- 
ber as  president  and  may  provide  for  such  other  officers  as  they  may 
deem  necessary.    It  shall  make  and  adopt  by-laws,  rules  and  regulations 
not  inconsistent  with  law  for  its  own  guidance  and  for  the  government 
of  the  library  and  reading  rooms,  as  may  be  expedient.    It  shall  have  ex- 
clusive control  of  the  expenditure  of  all  moneys  collected  to  the  credit  \ 
of  the  library  fund,  of  the  construction  of  any  library  buildings,  and  of  ^ 
the  supervision,  care  and  custody  of  the  grounds,  rooms  or  buildings 
constructed,  leased  or  set  apart  for  that  purpose..  All  moneys  received 
for  the  use  of  the  library  shall  be  deposited  in  the  city  treasury  to  the  " 
credit  of  the  library  fund  and  shall  be  kept  separate  and  apart  from  other  ' 
moneys  of  the  city  and  shall  be  drawn  upon  only  by  warrants  signed  " 
by  the  Mayor  and  city  comptroller  and  the  president  of  the  library 
board.  ^ 

21—4.    The  library  board  shall  have  power  to  establish  branch 

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libraries  and  reading  rooms  within  the  city.  It  shall  have  power  to  ap- 
point or  make  provisions  for  the  appointment  of  a  librarian  and  secretary 
and  other  suitable  employes,  and  all  employes,  except  the  chief  librarian 
and  secretary,  shall  be  subject  to  the  civil  service  law. 

21 — 5.  The  library  and  its  reading  rooms  shall  be  forever  free  to 
the  use  of  the  inhabitants  of  the  city,  subject  to  such  reasonable  rules  and 
regulations  as  the  library  board  may  adopt  in  order  to  render  the  use  of 
such  library  and  reading  rooms  of  the  greatest  benefit  to  the  greatest 
number,  and  the  board  may  exclude  from  the  use  of  the  library  and 
reading  rooms  any  persons  who  shall  wilfully  violate  such  rules.  The 
board  may  extend  the  privileges  of  the  use  of  the  library  and  reading 
rooms  to  persons  residing  outside  of  the  city  upon  such  terms  and  con- 
ditions as  said  board  may  from  time  to  time  by  its  regulations  prescribe. 

21 — 6.  The  said  library  board  shall  in  connection  with  its  annual 
report  to  the  city  council,  state  the  condition  of  its  trust,  the  number  of 
books  and  periodicals  on  hand,  the  number  added  by  purchase,  gift,  or 
otherwise,  during  the  year,  the  number  lost  or  missing,  the  number  of 
visitors  attending,  the  number  of  books  loaned  out,  and  the  general  char- 
acter and  kind  of  such  books ;  with  such  other  statistics,  information  and 
suggestions  as  it  may  deem  of  general  interest.  All  such  portions  of  said 
report  as  relate  to  the  receipt  and  expenditure  of  money,  as  well  as  the 
number  of  books  on  hand,  books  lost  or  missing,  and  books  purchased, 
shall  be  verified  by  affidavit. 

21 — 7.  The  city  council  shall  have  power  to  pass  ordinances  impos- 
ing suitable  penalties  for  the  punishment  of  persons  committing  injury 
upon  such  library  or  the  grounds  or  other  'property  thereof,  and  for  injury 
to  or  failure  to  return  any  book  belonging  to  such  library. 

21 — 8.  Any  person  desiring  to  make  donations  of  money,  personal 
property  5r  real  estate  for  the  benefit  of  such  library,  shall  have  the  right 
to  vest  the  title  of  the  property  so  donated  in  the  City  of  Chicago  or  in  the 
library  board,  to  be  held  in  the  custody  of  and  controlled  by  such  board, 
when  accepted  according  to  the  terms  of  the  deed,  gift,  devise  or  bequest 
of  such  property ;  and  as  to  such  property  the  said  board  shall  be  held  and 
considered  to  be  special  trustees. 


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UNlVfHSlTyOF 


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